Rule of Law Among Nations

General debate speech at the UN General Assembly by Prime Minister Kishida

Prime Minister Kishida delivers a general debate speech at the UN General Assembly (Photo: Cabinet Public Affairs Office)

On September 20, 2022, Prime Minister Kishida stated at the 77th Session of the United Nations General Assembly that Japan is fully committed to the realization of a United Nations that promotes the rule of law in the international community. In his statement, he made the following three points:

Break away from “rule by force” and pursue “rule of law” through observing international law in good faith;
Do not allow any attempts to change the status quo of territories and areas by force or coercion; and
Cooperate with one another against serious violations of the principles of the UN Charter

Open Debate of the UN Security Council on the "Rule of Law among Nations" hosted by Foreign Minister Hayashi

Foreign Minister Hayashi hosting the UN Security Council on the

On January 12, 2023, Foreign Minister Hayashi stated at the open debate of the UN Security Council on the theme of “Rule of Law among Nations" (PDF) Open a New Window ; that the rule of law among nations is about returning to the unshakable principles that the Member States have built upon since 1945, and called upon all Member States "Uniting for the rule of law" . (See also the concept note for the open debate (PDF))

G7 Japan 2023 Foreign Ministers’ Communiqué Karuizawa, Nagano

On April 18, 2023, G7 Foreign Ministers met in Karuizawa, Japan, and issued Communique (PDF) Open a New Window containing the following paragraph relating to the rule of law among nations:

“The prohibition of threats or the use of force against the territorial integrity or political independence of any state, in accordance with the provisions of the UN Charter, constitutes the cornerstone of the post-war international system. Yet, territorial ambition is again driving some states to return to rule by force, so we have redoubled our efforts to uphold peace guided by the rule of law. The prohibition on the acquisition of territory resulting from the threat or use of force, reaffirmed in the Friendly Relations Declaration of 1970, should be observed in good faith. We strongly oppose any unilateral attempts to change the peacefully established status of territories by force or coercion anywhere in the world. In this regard, sending regular or irregular forces to unilaterally annex a territory is prohibited..”

G7 Hiroshima Summit

Prime Minister Kishida held a Presidency Press Conference at the G7 summit in Hiroshima (Photo: Cabinet Public Affairs Office)

G7 Hiroshima Leaders’ Communiqué

On May 20, 2023, G7 Leaders met in Hiroshima, Japan, and issued Communique (PDF) Open a New Window containing the following paragraphs relating to the rule of law among nations:
“We will champion international principles and shared values by:

upholding and reinforcing the free and open international order based on the rule of law, respecting the UN Charter to the benefit of countries, large and small;
strongly opposing any unilateral attempts to change the peacefully established status of territories by force or coercion anywhere in the world and reaffirming that the acquisition of territory by force is prohibited;”

G7 Hiroshima Summit Session 9 "Toward a Peaceful, Stable and Prosperous World"

On May 21, 2023, the G7 Hiroshima Summit Session 9 “Toward a Peaceful, Stable and Prosperous World” was held. The G7 leaders along with the leaders of 8 invited countries and Ukraine’s President Volodymyr Zelenskyy, who attended as a guest, discussed how to respond to the challenges to peace and stability that the international society is facing.
The leaders had a discussion on various challenges to peace and stability that the international society is facing, including in the Indo-Pacific and Africa, and shared the recognition that the following points are important:

“All countries should adhere to the principles of the United Nations (UN) Charter, including respect for sovereignty and territorial integrity.
Confrontation should be resolved peacefully through dialogue, and we support a just and durable peace that is based on respect for international law and the principles of the UN Charter.
Any unilateral attempt to change the status quo by force is unacceptable anywhere in the world.
We strive to uphold the free and open international order based on the rule of law.”

[Note] 8 invited countries are Australia, Brazil, Comoros (African Union Chair), Cook Island (Pacific Islands Forum (PIF) Chair), India (G20 Presidency), Indonesia (ASEAN Chair), Republic of Korea and Vietnam.

Friendly Relations Declaration

“The rule of law among nations” is a term used in the preamble of the Friendly Relations Declaration (GA res 2625 (XXV) “Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations”, 1970). Some of the relevant parts of the Declaration are as follows:

The General Assembly,

Reaffirming in the terms of the Charter of the United Nations that the maintenance of international peace and security and the development of friendly relations and co-operation between nations are among the fundamental purposes of the United Nations,　(…)

Bearing in mind also the paramount importance of the Charter of the United Nations in the promotion of the rule of law among nations, (…)

Considering that the faithful observance of the principles of international law concerning friendly relations and co-operation among States and the fulfillment in good faith of the obligations assumed by States, in accordance with the Charter, is of the greatest importance for the maintenance of international peace and security and for the implementation of the other purposes of the United Nations, (…)

Solemnly proclaims the following principles:

The principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State or in any other manner inconsistent with the purposes of the United Nations

Every State has the duty to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. Such a threat or use of force constitutes a violation of international law and the Charter of the United Nations and shall never be employed as a means of settling international issues. (…)

Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States. (…)

The territory of a State shall not be the object of military occupation resulting from the use of force in contravention of the provisions of the Charter. The territory of a State shall not be the object of acquisition by another State resulting from the threat or use of force. No territorial acquisition resulting from the threat or use of force shall be recognized as legal. (…)

The duty of States to co-operate with one another in accordance with the Charter

States have the duty to co-operate with one another, irrespective of the differences in their political, economic and social systems, in the various spheres of international relations, in order to maintain international peace and security and to promote international economic stability and progress, the general welfare of nations and international co-operation free from discrimination based on such differences.

To this end:

States shall co-operate with other States in the maintenance of international peace and security; (…)

The principle that States shall fulfil in good faith the obligations assumed by them in accordance with the Charter
Every State has the duty to fulfil in good faith the obligations assumed by it in accordance with the Charter of the United Nations.

Every State has the duty to fulfil in good faith its obligations under the generally recognized principles and rules of international law.

Every State has the duty to fulfil in good faith its obligations under international agreements valid under the generally recognized principles and rules of international law. (…)

International Law and Treaties