Other Publications
Now Trending: Technocracy Will Generation X’s preference for technocratic governance create an opening for future authoritarianism?
AbstractOn December 2, 2022, GGR Assistant Sascha Hannig Nuñez’s article was published in American Purpose, a magazine aimed at promoting and defending liberal democracy. In this article, Ms. Hannig Nuñez identifies a trend among younger generations for preferring technocracy over elected politicians and warns that such phenomenon could justify illiberal or authoritarian governments and undermine the importance of elected officials. She indicates how fake news and disinformation contribute to this rejection of politicians in a democracy and how the recent pandemic has propelled this trend even further. In order to prevent the erosion of democracy, Ms. Hannig Nuñez argues that support for technocrats should be acknowledged and channeled within democracies instead of being perceived as a potential threat and completely dismissed.
60 Years After the Cuban Missile Crisis: What Lessons Can We Learn From It? – The Important Role of “Third Parties” [in Japanese]
AbstractOn October 10, 2022, Chunichi Shimbun published an article entitled “60 Years after the Cuban Missile Crisis: What Lessons can we learn from it? - The Important Role of ‘Third Parties,’” written by Dr. Toshihiko Aono, GGR researcher and professor of the Hitotsubashi University Graduate School of Law. In his article, Professor Aono points out that third parties played important roles in the Cuban Missile Crisis and argues that they can play an important role in the current conflicts between major powers as well. First, the professor reviews in detail the events leading up to the Cuban crisis, noting that the crisis was aggravated by the fact that the outcomes had been different from what both the U.S. and the Soviet Union had planned. In such conflicts where two major powers clash, it has been thought that third countries have no power to influence how the crisis unfolds, but the professor argues that “this is not the case.” In fact, during the Cuban Missile Crisis, the United Kingdom and the United Nations worked hard to prevent a military conflict between the United States and the Soviet Union. In light of this, the professor emphasizes that citizens of third countries may also play an important role in recent major power conflicts.
The Challenge of “Chinese Democracy” (2) [in Japanese]
AbstractIn November 2022, an article by Dr. Makoto Tajimi, professor of Hitotsubashi University′s Graduate School of Law and researcher of GGR, was published in the latest version of the Hitotsubashi Journal of Law and International Studies. The article examines in detail the contents of the white paper “Democracy in the United States” issued by China′s Ministry of Foreign Affairs. The purpose of the article is not to analyze the “democratic situation” of the United States itself, but to clarify China′s (namely the Ministry of Foreign Affairs′) theory of “democracy” through an examination of the content and aspects of the Foreign Ministry′s criticism of “American-style democracy.” Through this discussion, Professor Tajimi aims to gain insight into the picture and positioning of “Chinese-style democracy,” which has been presented as a new “universal” alternative to “American-style democracy,” and to forecast the future of the world that lies ahead.
The Eligibility of Corporations to Serve as Directors (2)[in Japanese]
AbstractIn November 2022, an article by Dr. Taro Sakai, professor of the Hitotsubashi University Graduate School of Law and researcher at the Institute for Global Governance Research, was published in the latest version of The Hitotsubashi Journal of Law and International Studies. This article constitutes the second part of the paper presented by the professor, part I having been published in the The Hitotsubashi Journal of Law and International Studies’ July issue. The Japanese Companies Act does not allow corporations to become a board member (Section 331 subsection 1 item 1). This paper examines whether this rule can be theoretically justified. Moreover, this paper also analyses whether there is policy legitimacy or technical significance in a corporation becoming a director. This issue has long been discussed, but with the enactment of the Companies Act in 2005, the major structure of the regulation on which the discussion is based has changed significantly. This paper discusses the eligibility of a corporation to become a board member in terms of whether this change in the corporate regulations affects the rationale as illustrated in the previous discussions.
Review of European Law No. 12 [In Japanese]
AbstractIn September 2022, the latest issue of Review of European Law, edited by Dr. Yumiko Nakanishi, professor of the Graduate School of Law and GGR researcher at Hitotsubashi University, was published. This latest issue includes a special feature entitled "COVID-19 and the Law," in which a variety of issues are discussed, from the latest developments in EU law concerning the COVID-19 pandemic to the emergency approval of vaccines as well as constitutional law, company law, and more. In addition, this latest issue has been further enhanced by including a discussion paper on renewable energy in the Latest Developments section. Furthermore, Professor Ikuko Sato, also a visiting researcher at GGR, contributed to the journal as well by writing an article on the EU Repatriation Directive.
What is the Myanmar Military’s Intention in Releasing Prisoners: The Stance Required of ASEAN Countries [in Japanese]
AbstractOn November 24, 2022, Asahi Shimbun published an article by Professor Maiko Ichihara, GGR researcher and member of the Hitotsubashi University Graduate School of Law. On November 17, Japanese filmmaker Toru Kubota, who had been detained by the Myanmar military for a long time, was released as one of the 5,800 people eligible to receive a "pardon." Professor Ichihara pointed out that behind this "pardon" release was the intention of the Myanmar junta to have ASEAN recognize its leaders as the "head of the Myanmar government" and invite them to ASEAN conferences. Furthermore, the professor also emphasized the need for countries in the Asia-Pacific region to work together in encircling the Myanmar military regime in order to develop Asia’s foreign affairs with ASEAN at the center as well as to draw attention to Myanmar's problems, which are increasingly falling out of the media's focus. Finally, she argued that ASEAN could assert its centrality by working with private actors to accelerate the acceptance of Myanmar refugees.
The Temptation of Realism and the Melancholy of Liberalism: Questioning the Role of Nuclear Technology [in Japanese]
AbstractOn November 18, 2022, Asteion, a magazine that analyzes various issues around the world, released its latest issue, featuring the Russo-Ukrainian War, in which Professor Akiyama’s article was published. Following Russia's invasion of Ukraine, countless discussions about the use as well as the role of nuclear weapons unfolded. In his article, Professor Akiyama first provides a framework for considering the impact of possessing nuclear weapons in wartime, and based on this, he examines the utilization of nuclear power in Russia's invasion of Ukraine. The professor points out that Russia has repeatedly sent signals that made the US and Europe strongly aware of the presence of nuclear weapons, and argues that this signaling had, to some extent, deterred the US and Europe from taking action. At the same time, however, he explains that the "stability/instability paradox" created by Russia has also served as a deterrent to its own actions. The professor then describes the impact that the war in Ukraine has had on the nuclear arms control regime, and outlines the long-term consequences on the international order that the actions of both the United States and Russia have caused. One of these effects has been the preservation of a realist balance-of-power type order within the liberal international order. He also points out how relative the discussion of "justice" regarding nuclear weapons is, considering each country's stance towards the TPNW, and emphasizes that nuclear weapons are viewed with a "double standard." Finally, the professor argues that in addition to the U.S.-Russia conflict, tensions are also rising between the U.S. and China, and that as the impact of nuclear weapons escalates, rules should be provided to protect the competition and confrontation between the U.S., Russia, and China.
The Eligibility of Corporations to Serve as Directors (1) [in Japanese]
AbstractProfessor Taro Sakai’s (Professor of the Graduate School of Law, Hitotsubashi University; and researcher at the Institute for Global Governance Research) article was published in the July 2022 version of the Hitotsubashi Journal of Law and International Studies. The Japanese Companies Act does not allow corporations to become a board member (Section 331 subsection 1 item 1). This paper examines whether this rule can be theoretically justified. Moreover, this paper also analyses whether there is policy legitimacy or technical significance in a corporation becoming a director. This issue has long been discussed, but with the enactment of the Companies Act in 2005, the major structure of the regulation on which the discussion is based has changed significantly. This paper discusses the eligibility of a corporation to become a board member in terms of whether this change in the corporate regulations affects the rationale as illustrated in the previous discussions.
The Division over Liberalism and the Role of Japan [in Japanese]
AbstractThe December issue of Iwanami Shoten’s magazine “SEKAI”, published on November 8, 2022, featured an article by Professor Maiko Ichihara at the Hitotsubashi University Graduate School of Law. Using examples from Myanmar and Afghanistan, the professor first pointed out that there is an increasing trend of suppression of human rights around the world. One of the factors behind this is the use of social networking services (SNS), which she argued has increased the division and conflict among people. While there are concerns about this growing division in Japan as well, she explained that the Chinese government's war on speech has propelled this division, and warned that democracy is being endangered by the Chinese government and other authoritarian states in the modern era. The professor also discussed the need for public-private cooperations, such as the Sunnylands Initiative, to counter the erosion of democracy and liberalism, and to combat the suppression of speech in the Asian region.
Prime Minister Kishida’s “Ideal” and “Reality”: How should we think about a world without nuclear weapons? [in Japanese]
AbstractOn December 1, 2022, an article of an interview with Professor Nobumasa Akiyama, Dean of the School of International and Public Policy at Hitotsubashi University, was published in Asahi Shimbun's “Considering the Future of the Security Treaty” interview series. Professor Akiyama praised Prime Minister Kishida for attending the Nuclear Non-proliferation Treaty (NPT) Review Conference but noted that further contributions by Japan are necessary in the pursuit of nuclear disarmament. In particular, he discussed how Japan should act to achieve nuclear disarmament in the face of Russia's nuclear threat to Ukraine, which has made a “world without nuclear weapons” seemingly far off in the future. Furthermore, Professor Akiyama expressed his views on how to link the “ideal” of a nuclear-free world and the “reality” of a deteriorating security environment. He then proposed goals on nuclear issues that Japan should pursue in the international conferences to be held in the country in the future.