Other Publications
The Prosecutor’s Discretion at the International Criminal Court
AbstractOn December 25, 2022, a new book by Dr. Hitomi Takemura, Professor of the Hitotsubashi University Graduate School of Law, entitled “The Prosecutor’s Discretion at the International Criminal Court” was published. Now that twenty years have passed since the issuing of the Rome Statute which declared the establishment of the International Criminal Court (ICC), Professor Takemura discusses the ICC, which yet remains increasingly prominent in the modern world, in terms of prosecutorial discretion. The book first introduces the functions and history of the ICC and then compares Japanese prosecutors with those of the ICC. It also explains the obligation of countries to cooperate with the ICC, the jurisdiction of the ICC, as well as the prosecution strategies of the Prosecutor’s Office.
How to Tackle Disinformation in Japan: Lessons from the Russia-Ukraine War
AbstractIn December 2022, the "Impact of Disinformation on Democracy in Asia" report was published on Brookings, featuring an article by Professor Maiko Ichihara of the Hitotsubashi University Graduate School of Law. First, the professor indicates how extensive Russian disinformation and propaganda about the Russia-Ukraine war have been disrupting the discourse space in Japan. She states that the impact of this disinformation is unprecedented in Japan, making this a useful case study for analyzing the challenges of disinformation and possible appropriate countermeasures. In this context, the paper discusses Japan’s disinformation situation in relation to the Russia-Ukraine war, current countermeasures against disinformation, and recommended policies to overcome the challenges.
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.
Lookback 2002 [in Japanese]
AbstractOn December 8, 2022, the January 2023 issue of SEKAI, a magazine published by Iwanami Shoten, printed an article by Professor Yongseok Kwon, GGR researcher and associate professor at Hitotsubashi University’s Graduate School of Law. Reflecting on the current unstable relations between Japan, South Korea, North Korea, and the United States, the professor states that, as the title suggests, he would like to turn back the clock to the year 2002. As reasons for this, he cited the growing mood of friendship between Japan and South Korea since the beginning of the 21st century and the joint hosting of the World Cup. He further argued that the Japan-North Korea Pyongyang Declaration signed in 2002 had the potential to stabilize relations between the two countries. The professor called this paradigm of interlocking Japan-South Korea, North-South, Japan-North Korea, and East Asia the "Illusory 2002 Regime," and discussed that in order to "reconnect" to this regime, we must look back at the events of 2002 and rely on civil solidarity.
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.