Other Publications
Obligation to recognition of the parents-child relationship in rainbow family in EU [in Japanese]
AbstractCase note “Case C-490/20 V.M.A.（CJEU)” Recognition of same-sex marriage is not disciplined at the EU level, but at national level. This case concerned mutual recognition and free movement of EU citizens between an EU member state where same-sex marrage is recognized（Spain) and the member state where it is not（Bulgaria). This case focused on the decision of the EU Court of Justice on how to strike a balance between the incompatible subjects of the enforcement of EU law and respect for national identity.
The Reform of Rural Homestead: Where is the Destination? [in Japanese]
AbstractConfronted with long stagnation and poverty in rural area, party-state authorities began to seek measures to use rural homestead as “real” property. This chapter clarifies the problem of the right to use housing sites from the viewpoint of property rights, analyzes the aspects of the trial and changes in the regulations as well as identifying the aspects of the theory and the conflicts, thereby presenting the current state of the achievement and future prospects.
Introduction of market country taxation through revision of international taxation rules [in Japanese]
AbstractThe article introduces a new framework for international taxation reform to appropriately accommodate the activities of multinational corporations that are digitizing their economies. Prof. Yoshimura examines the theories underlying the taxing rights of market countries and the implications these theories have for the local tax debate and its future. While the changes in international taxation rules are not immediately applicable to local taxation systems, it should be considered that the development of information and communication technology requires modifications to the standards on which taxation rights have been based, a point which the two have in common.
A Comparison of Human Rights Protection in Europe and Japan: The Quest for Marriage Equality
AbstractRegarding same-sex marriage, Prof. Nakanishi makes some remarks about the encounter between Japan and Europe and its consequences in the context of human rights, addressing the situation in Europe and the recent developments in Japan.
The United States and the Globalization of Eastern Europe: Détente, East-West Trade, and the Debt Problem [in Japanese]
AbstractConsidering the globalization of Eastern Europe, the paper examines the response of the U.S. to this process. While the U.S., by economic means, hoped that it could encourage changes in foreign policy and reform of political regimes, there were limits to the influence the U.S. could exercise over Eastern Europe through this response.
Case Law Analysis: BVerfG, Beschluss der 3. Kammer des Zweiten Senats, 2 BvR 1161/19 [in Japanese]
AbstractThis paper is a study of the preliminary ruling procedure in EU law, and focuses on the case of the German Federal Constitutional Court in March 2021. The case concerned the right to a fair trial by a legal judge as stipulated in the 2nd sentence of article 101（1) of the Basic Law for the Federal Republic of Germany . In other words, the issue was that the German Federal Fiscal Court did not ask the Court of Justice of the European Union for a preliminary ruling under the German Constitution.
Can Cambodia’s ‘win-win policy’ work for crisis-hit Myanmar?
AbstractThe article relates Cambodia’s “win-win policy” in the context of the relations between PM Hun Sen and the current military governing power of Myanmar.
Dissidents.org: the stories
AbstractThe project Dissidents.org is a collection of interviews with activists from around the world who are advocating for freedom and democracy, but also exposing their own stories and real-life experiences.
Capital Corrosivo: el caso chileno
AbstractThis publication is the result of FPP’s research on investments and projects conducted by authoritarian states’ companies within the Chilean territory. Conclusions point to the role of institutions to prevent corrosive effects. It also presents recommendations to other Latin American countries.
The Development of Human Rights Diplomacy without Arbitrariness
AbstractPopulism within countries, influence-operations by authoritarian states, and innovations in information technology have weakened human rights norms and rapidly mainstreamed human rights diplomacy.