The significance of the “rule of law” in international society has been steadily increasing in recent years. For example, the rule of law at the national and international levels was taken up for the first time in 2006 by the United Nations General Assembly (UNGA) Sixth Committee, which deals with legal issues at the UN.

   The rule of law in international society has the dual aspects of (i) rule-making, in which the rule of law in each state is ensured through the conclusion of conventions and so on, and (ii) dispute resolution, in which disputes between states are resolved peacefully based on international law.

   Both of these aspects of the rule of law in international society are important elements of Japan's diplomatic policy. In addition, the promotion of the rule of law in international society is not only instrumental in maintaining the peace and stability of international society but also a basis for strengthening Japan's relations with neighboring and other states. It also leads to ensuring freedom of activities by individuals, including economic activities. Foreign Minister Aso stated in a policy speech he delivered in November that as a new pillar of its foreign policy, Japan would emphasize universal values, including the rule of law, and create the “Arc of Freedom and Prosperity.”

   Regarding rule-making, the first of the two aspects of the rule of law in international society mentioned above, it is important to actively participate in international rule-making in various fields and to engage in efforts to make such rules universal. For example, in the field of international human rights and humanitarian law, cooperation with the International Criminal Court (ICC), which has begun to undertake full-scale activities, and in the area of facilitating economic activities, developing international economic rules through the WTO, EPAs, and FTAs are crucial.

   With regard to dispute resolution, the second of the two aspects, it is essential to apply international law appropriately and actively when formulating and implementing concrete diplomatic policies and resolving disputes. In particular, the importance of international law is further increasing for the peaceful resolution of disputes related to the sea through negotiations and other means. Moreover, it should not be overlooked that Japan, a key nation in international society, can make active contributions towards consolidating the rule of law in international society by repeatedly utilizing international law.

   Within this context, Japan is actively participating in efforts by international society towards the creation of international legal norms that will serve as the basis for the rule of law in international society. Specifically, Japan contributes actively to discussions among others in the UNGA Sixth Committee and the International Law Commission (ILC), aiming at the progressive development of international law and its codification. In November, Ambassador Yamada Chusei was re-elected to his position as a member of the ILC.