Other Publications
US Trembles over China and Russia’s Election Meddling [in Japanese]
AbstractOn July 31, 2023, Diplomacy published a paper by Professor Maiko Ichihara, Professor at Graduate School of Law, titled " US Trembles over China and Russia’s Election Meddling ." This paper analyzes the 2022 U.S. midterm elections as a case study for analyzing China's and Russia's election intervention. Professor Ichihara noted that both Russia and China engage in influence operations, including spreading misinformation to divide American society. The 2022 midterm elections marked China's shift towards intervention, joining Russia. Professor Ichihara also argued that while there are movements in the U.S.across the civil society, legislature, and judiciary toward countermeasures, but there is also opposition to them, causing turmoil. For future responses, she emphasized private-led disinformation countermeasures, addressing institutional issues fueling domestic divisions, and removing domestic economic disparities.
The Ambiguity of International Cooperation Built by the G7: Proposal for a New Order Image Required from the Media [in Japanese]
AbstractIn July 2023, Shimbunkenkyu published an article by Professor Maiko Ichihara at the Graduate School of Law titled "The Ambiguity of International Cooperation Built by the G7: Proposal for a New Order Image Required from the Media." This article analyzes the achievements and challenges of the G7 Hiroshima Summit by looking at how it was assessed in Japan and abroad. Professor Ichihara argues that at the Hiroshima Summit, it became clear that the G7 aimed to strengthen unity among its members regarding the security order. It also built international cooperation beyond the G7 framework. Next, she explains that the G7 positioned China and Russia as challengers to the international order at the summit, acknowledging their threats. Furthermore, Professor Ichihara pointed out concerns regarding the stance of the Hiroshima Summit towards democracy, emphasizing that it only focuses on maintaining the current order and underestimates domestic factors that weakens democracy. Finally, the professor expresses expectations for the media to contribute to forming an international order upholding human dignity.
The principle of ne bis in idem and mutual trust in the European Union [in Japanese]
AbstractIn July 2023, Jichikenkyu published a case note by Professor Yumiko Nakanishi at the Graduate School of Law titled "The principle of ne bis in idem and mutual trust in the European Union." This case note deals with the Kowwowski case (C-486/14), which was decided in 2016. The case concerned the application of the principle of ne bis in idem, which is seen as one of the key principles in criminal law. The principle of ne bis in idem is also found in Japanese law, but in the EU, it is applied not to a single country but to all EU member states. The Court of Justice of the European Union has struck a balance between the principle of ne bis in idem and mutual trust.
EU and the New Capitalism/Democracy [in Japanese]
AbstractOn June 22, 2023, the 21st Century Public Policy Institute published a paper by Professor Yumiko Nakanishi at the Graduate School of Law titled "EU and the New Capitalism/Democracy." This report examines the problems inherent to the neoliberal capitalist and democratic systems, which prioritize economic growth. It suggests an update on the role of capitalism and democracy in the EU. Professor Nakanishi takes charge of the "GX and the New Capitalism" sections and "Sustainability and Future Generations in the EU." In the "GX and the New Capitalism" section, the professor explains the concept of a circular economy, presenting a long-term vision for the desired state of society and its implementation. In addition, climate litigation that holds corporations accountable, particularly driven by the youth, was raised as one major phenomenon. In the section on "Sustainability and Future Generations in the EU," Professor Nakanishi mentions that the presence of documents that consider future generations is increasing, and some of them include binding provisions.
Trans-National Influence Operations and their Impact on Human Rights in Asia
AbstractOn June 28, 2023, Global Asia published a paper by Maiko Ichihara, Professor at the Graduate School of Law, Hitotsubashi University, titled "Trans-National Influence Operations and their Impact on Human Rights in Asia." This paper explains the structure and impact of transnational influence operations by authoritarian states, particularly China's manipulation efforts targeting Asian countries. Professor Ichihara noted that Asia is most affected by China's influence operations. In addition, she describes how authoritarian states exploit economic inequalities, political divisions, and citizens' behavioral tendencies through their influence operations. Furthermore, Professor Ichihara argued that influence operations targeting human rights serve the purpose of concealing human rights issues and political instability within authoritarian states. Lastly, Professor Ichihara emphasized the need for advanced research, fact-checking, and counter-narratives as countermeasures against influence operations.
Human rights and environmental due diligence in the European Union [in Japanese]
AbstractIn May 2023, Josuikaikaiho published a summary of the lecture by Yumiko Nakanishi, Professor at the Graduate School of Law, titled "Human Rights and environmental due diligence in the European Union." The lecture explained the measures taken by the European Unioin (EU) and the role of businesses and society regarding environmental protection and respect for human rights. Professor Nakanishi provided an overview of the EU's adoption of action plans, documents for the steady implementation of environmental and human rights initiatives, and laws that impose legal obligations on member states. She also mentioned mechanisms to ensure compliance with established laws by businesses and highlighted how NGOs and citizens are initiating lawsuits against countries. Professor Nakanishi emphasized that consumers and investors are responsible for human rights and environmental protection and must act with the future generation in mind.
Japan’s Gradual Move to Address Technological Challenges to Democracy
AbstractOn April 28, 2023, Asia Democracy Research Network published a paper by Professor Maiko Ichihara at the Graduate School of Law, titled "Japan's Gradual Move to Address Technological Challenges to Democracy." Digital technology is not necessarily always beneficial to democracy, and this paper examines recent Japan's efforts to address this issue. Professor Ichihara pointed out that the advancement of technology has led to problems such as citizen mistrust, infringement of personal data protection, and facilitation of government repression. She explained that the Japanese government is taking measures such as export regulations, initiatives for human rights, and establishing a position to counter misinformation and regulations on Huawei. Lastly, Professor Ichihara argued that a new narrative capable of countering misinformation is necessary. She concluded that Japan must first identify the strategies of authoritarian actors and then create and disseminate proactive narratives.
Development of Economic Partnership Agreement (EPA) and Strategic Partnership Agreement (SPA) between Japan and EU: Focus on Environmental and Energy Issues [in Japanese]
AbstractIn March 2023, the Japan Energy Law Institute published a paper by Professor Yumiko Nakanishi at the Graduate School of Law titled "Development of Economic Partnership Agreement (EPA) and Strategic Partnership Agreement (SPA) between Japan and EU: Focus on Environmental and Energy Issues." This report examines the significance and prospects of the two agreements concluded between Japan and the EU - the Economic Partnership Agreement (EPA) and the Strategic Partnership Agreement (SPA). The agreements discuss topics such as the COVID-19 pandemic, climate change, and the conflict in Ukraine. Professor Nakanishi explained that the EPA is a sign of cooperation, promoting energy efficiency and fighting climate change. Also, she mentioned some provisions that establish a legal framework and provide roles and legal binding in the SPA related to climate change and the conflict in Ukraine. Finally, Professor Nakanishi concluded that there had been concrete and substantive discussions on implementing both agreements in the recent Japan-EU Summit Meetings. In other words, these meetings symbolize a fundamental cooperative framework to address the most pressing energy-related issues.
(My Perspective) Significance of the Hiroshima Vision: Embracing Leaders, the Power of the Atomic-Bombed City [in Japanese]
AbstractOn June 2, 2023, Asahi Shimbun published an article by Professor Nobumasa Akiyama, Dean of the School of International and Public Policy, Hitotsubashi University, titled "(My Perspective) Significance of the Hiroshima Vision: Embracing Leaders, the Power of the Atomic-Bombed City.” In this article, the significance of the G7 Summit in the context of nuclear disarmament was discussed. Professor Akiyama analyzed the G7 Hiroshima Summit from the nuclear disarmament perspective, focusing on norms and responsibilities. He explained that the joint statement by the G7 members opposing nuclear war reaffirms the importance of the norm of non-use of nuclear weapons, which has been always upheld in the postwar era. Moreover, he argued that political leaders have the responsibility to protect national security and achieve a "world without nuclear weapons." Lastly, Professor Akiyama suggested that immediate policy changes following the Hiroshima Summit are improbable. However, the awareness of norms and responsibilities should eventually become a significant force for change.
The European Union’s Competence and Procedures for Ratifying the Istanbul Convention on Preventing Violence and Domestic Violence against Women [in Japanese]
AbstractIn May 2023, Jichikenkyu published a paper titled "The European Union's Competence and Procedures for Ratifying the Istanbul Convention on Preventing Violence and Domestic Violence against Women" by Professor Yumiko Nakanishi at the Graduate School of Law. The paper discusses a court opinion regarding the European Union's (EU) competence concerning the Convention on Preventing Violence Against Women and Domestic Violence, commonly known as the Istanbul Convention. The court expressed the view that the EU can enter international treaties independently, even in areas where the EU has shared competencies. In other words, the EU can sign treaties in areas without exclusive competence. Furthermore, Professor Nakanishi evaluates the court opinion, suggesting the possibility of concluding mixed agreements where not all EU member states participate. As a result, this possibility may increase the number of ratifications of similar treaties.