Chapter 3
Japan's Foreign Policy to Promote National and Global Interests
6 The Rule of Law in the International Community
The rule of law is, generally, the concept that recognizes the superiority of the law over all forms of power. It is an essential cornerstone of a fair and just society within a country. At the same time, it contributes to peace and stability in the international community and constitutes the basis of the international order that consists of friendly and equitable relations between states. In the international community, under the rule of law, we must not allow rule by force, and all countries must observe international law in good faith, and there must be no unilateral attempts to change the status quo by force or coercion. Japan promotes strengthening of the rule of law as one of the pillars of its foreign policy and promotes rule-making in various fields as well as ensuring their proper implementation.
(1) Japan's Diplomacy to Strengthen the Rule of Law
Japan makes use of various opportunities, including international conferences, to affirm with other States the importance of a free and open international order based on the rule of law. In addition, Japan participates actively in rule-making in various sectors, contributing to the formation and development of a new international legal order. In order to promote the peaceful settlement of disputes and the maintenance of legal order, Japan also actively cooperates with international judicial organizations to strengthen their functions via both human resource and financial contributions, and makes proactive efforts on international cooperation in relation to the rule of law by supporting the improvement of legal systems and organizing events on international law.
In light of Russia's aggression against Ukraine and the situation in the Middle East, it is becoming more important to strengthen the rule of law. In January, Foreign Minister Kamikawa held meetings with Judge Joan E. Donoghue, President of the International Court of Justice (ICJ); Judge Piotr Hofmański, President of the International Criminal Court (ICC); and Prosecutor of the ICC in The Hague (Netherlands) Karim A. A. Khan KC. She also met with Judge Tomas Heidar, President of the International Tribunal for the Law of the Sea (ITLOS) in Hamburg (Germany). Foreign Minister Kamikawa shared a sense of crisis on the current situation in the international community with its deepening divisions and confrontations, expressed Japan's unwavering support for the role that international courts play for the rule of law and human dignity, and stated that Japan will advance diplomacy comprehensively based on dialogues and cooperation, so as to strengthen the rule of law in the international community. As a part of these efforts, Japan submitted a written statement in July 2023 regarding the request for advisory opinion of ICJ on Occupied Palestinian Territory, and participated in the public sitting to deliver its oral statement in February. The statements set out Japan's views on the legal issues surrounding the principle of the prohibition on acquisition of territory by force, an important element of the rule of law in the international community. (See the Special Feature on page 251.) Concerning the request for advisory opinion for the ICJ on the Obligations of States in respect of Climate Change, Japan also submitted its written statement in March and participated in the public sitting to deliver its oral statement in December. This written statement presented Japan's basic stance on climate change measures as well as its initiatives, and set out its views on the obligations and legal consequences under international law in the area of climate change.
In December 2022, the UN General Assembly adopted a resolution requesting an advisory opinion from the ICJ on “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.” This request for an advisory opinion could hold great significance in garnering broader support on the importance of “the rule of law among nations,” as well as the “prohibition of the acquisition of territory by force,” the core element of the rule of law, which Japan has been advocating to the international community through its G7 Presidency and as a member of the Security Council. Against this backdrop, Japan participated actively in both written statements and oral proceedings to present its legal position. In general, the ICJ's advisory opinion is not legally binding, but it carries great weight from the perspective of the rule of law, as the contents of the advisory opinion may contribute to clarifying principles and rules under international law.
Japanese Delegation at the oral proceedings (February 22, the Hague, Netherlands; Photo: ICJ)
Japan submitted a written statement to the ICJ in July 2023 and participated in the public sitting to deliver its oral statement in February 2024. In this process, Japan conducted intensive deliberation with the cooperation of Dapo Akande, Professor of the University of Oxford. This was the first time in 29 years that Japan participated in the oral proceedings for an advisory opinion at the ICJ, after it did so in November 1995 on the “Legality of the Threat or Use of Nuclear Weapons.”
In its statement, Japan reiterated its basic position on the Middle East peace process and set out its views on the legal issues concerning the principle of the “prohibition of the acquisition of territory by force,” which is the core element of the rule of law. Japan addressed questions such as which territory this principle applies to, whether an action which lacks clear indication of intention for annexation could amount to acquisition of territory by force, and whether the use of force for self-defense could justify acquisition of territorial title.1
When the advisory opinion was issued in July 2024, some ICJ judges, while referring to Japan's statements, appreciated Japan's approach as being consistent with the main considerations in the advisory opinion. Based on this, Japan's statements can be considered to have contributed to a certain degree to the discussions and deliberations at the ICJ. For Japan, which is facing a severe security environment including unilateral attempts to change the status quo by force or coercion, it is important to continue making its voice heard, so that the importance of adhering to the principle of the “prohibition of the acquisition of territory by force,” which is a corollary of Article 2 (4) of the UN Charter that prohibits the use of force, becomes more deeply rooted in the international community.
Japan will actively engage in the efforts to promote the rule of law in the international community by continuing its contribution to the activities of the ICJ.
1 Refers to the basis for the legitimate exercise of rights under international law
A Peaceful Settlement of Disputes
In order to encourage peaceful settlement of disputes via international judicial institutions while striving to comply faithfully with international law, Japan accepts the compulsory jurisdiction(41) of the ICJ, the principal judicial organ of the UN, and constructively contributes to establishing the rule of law in the international community via cooperation in providing human and financial resources. For example, Japan is a major financial contributor to the ICC and the Permanent Court of Arbitration (PCA). In terms of human resources, a number of Japanese judges serve on international judicial bodies as of 2024, such as ICJ Judge IWASAWA Yuji (incumbent since 2018), Judge HORINOUCHI Hidehisa to ITLOS (incumbent since 2023), and ICC President AKANE Tomoko (ICC judge since 2018 and elected as the President of ICC in March 2024). Also, Japan strives to enhance the effectiveness and universality of international courts and tribunals. With the aim of fostering human resources capable of playing an active role in international litigations in the future, the Ministry of Foreign Affairs (MOFA) provides active support to Japanese nationals interning at international judicial organizations and other related organizations through the Support Program for Internships at International Courts and other International Organizations.
At the same time, in order to further strengthen its capacity in dealing with international litigations, MOFA is engaged in efforts to enhance expertise on international judicial proceedings, and to create a strong organization that can perform well in international litigation by strengthening relationships with legal experts and law firms in and outside Japan, that are mainly active in proceedings at major international courts and tribunals. In the field of economy, the importance of dispute settlements based on World Trade Organization (WTO) agreements, Economic Partnership Agreements (EPA), and investment agreements has been growing in recent years. Against this backdrop, in the handling of dispute settlements under the WTO agreements and others, Japan engages in litigation work, such as preparation of written submissions, handling of evidence, and preparation and participation in oral proceedings, in close cooperation with the relevant ministries and agencies as well as academic experts and practitioners specializing in international economic law both in Japan and abroad. It also advances initiatives such as analyzing case law and academic theories, and engages in dispute prevention. In these ways, Japan strives to strengthen its capacity for strategic and effective dispute settlement.
(41) A declaration that States Parties to the Statute of the ICJ recognize the jurisdiction of the ICJ as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, in accordance with Article 36, paragraph 2 of its Statute. Only 74 countries, including Japan, have made such declaration to date (as of February 28, 2024).
B International Rule-making
International rule-making to respond to issues the global community faces is one of the important efforts toward strengthening the rule of law. Along with actively promoting the conclusion of bilateral and multilateral treaties aimed at building a legal foundation for achieving goals it shares with other countries, Japan is demonstrating initiative starting at the planning phase in creating rules for developing international laws that reflect its ideals and positions in cross-sectoral efforts in the framework of the UN and other fora. Specifically, Japan has been actively involved in the rule-making processes within various international frameworks, including the codification of public international law at the International Law Commission (ILC) and the sixth Committee of the UN General Assembly, as well as the preparation of conventions and model laws in the field of private international law at fora such as the Hague Conference on Private International Law (HCCH), the UN Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT). In the ILC, ASADA Masahiko, Professor of Doshisha University and Professor Emeritus of Kyoto University, serves as a member (incumbent from 2023) and is contributing to the development of international law by participating in the debates on draft articles. Japan also sends government representatives to various meetings of the HCCH, UNCITRAL and UNIDROIT, taking an active lead in the discussions. In particular, Japan has been showing its presence as a member state of UNCITRAL since the founding of the commission, such as by proposing and realizing the enlargement of the membership of UNCITRAL as well as projects in the field of dispute settlement, acceding to the United Nations Convention on International Settlement Agreements Resulting from Mediation negotiated at UNCITRAL in 2023, and being elected at the election of UNCITRAL members in 2024.
In UNIDROIT, KANDA Hideki, Professor Emeritus of the University of Tokyo, serves as chair of the Working Group on the Legal Nature of Voluntary Carbon Credits (incumbent from 2014), and contributes to leading-edge discussions on carbon credits.
C International Cooperation and Human Resource Development
Japan is also actively engaged in international cooperation on the rule of law, not only to promote the rule of law in the international community, but also to strengthen it within various countries. For example, to further develop the rule of law, Japan provides support for the development of legal systems, especially in Asian countries. It also participates constructively in the discussions and provides human and financial cooperation to the Asian-African Legal Consultative Organization (AALCO),the only inter-governmental organization in the Asia/Africa region on issues related to international law. In addition, Japan participates actively as an observer in the Committee of Legal Advisers on Public International Law (CAHDI), which examines questions related to public international law under the Council of Europe (CoE). In August, following on from 2023, MOFA organized the Tokyo International Law Seminar, a training program for practitioners in the field of international law for officials and legal experts from the Indo-Pacific region, as well as Japanese lawyers and international law scholars as an effort to foster professionals in the field of international law. As part of the Tokyo International Law Seminar, 2024 Asia Cup, an international law moot court competition for students in Asia including Japan, was also held, which aims to raise awareness of the importance of the peaceful settlement of disputes and to nurture future international lawyers and enhance exchanges among them.
(2) Initiatives in the Maritime Sector
For Japan, as a maritime nation, maintaining and strengthening maritime order based on the rule of law is an issue of the utmost importance. Therefore, Japan has consistently advocated for the “Three Principles of the Rule of Law at Sea” to be followed by every nation ((a) making and clarifying claims based on international law; (b) not using force or coercion in trying to drive their claims; and (c) seeking to settle disputes by peaceful means).
The United Nations Convention on the Law of the Sea (UNCLOS) serves as a foundation for such rule of law at sea. The Convention has been ratified by 169 countries (including some regions not officially recognized as nations by Japan; as of December 2024) including Japan and the EU. The Convention comprehensively provides for principles governing the sea, including the freedom of navigation and overflight of the high seas. It also stipulates rights and obligations under international law on the development and regulation of marine resources, among other things. The provisions of the Convention that concern areas such as territorial sea and exclusive economic zones (EEZ) are widely accepted among the international community, and the recognition that activities conducted on the seas ought to be carried out according to the provisions of the Convention is widely shared. As problems concerning the oceans and seas grow more complex and diverse, it is important to preserve and strengthen the maritime order based on the Convention, which serves as a comprehensive and universal legal framework.
To achieve the objectives of UNCLOS, several international organizations have been established based on UNCLOS. The International Tribunal for the Law of the Sea (ITLOS), established in 1996, fulfills an important role in the peaceful settlement of maritime disputes and the preservation and advancement of law and order at sea. ITLOS deals with a wide range of cases, including the delimitation of maritime boundaries and the protection of the marine environment in recent years in particular, and the importance of the Tribunal has been growing. Japan attaches importance to the role played by ITLOS and has successively produced Japanese judges to ITLOS since its establishment. Former Ambassador for UNCLOS HORINOUCHI Hidehisa is currently serving as a judge (nine-year term starting from October 2023).
The Commission on the Limits of the Continental Shelf (CLCS) plays an important role in the operation of the system for establishing the outer limits of the continental shelf. Since its establishment, Japan has continued to cooperate with the Commission in terms of both human and financial resources, through means such as continuously producing members (Japan's current member is YAMAZAKI Toshitsugu, Professor Emeritus at the University of Tokyo and Guest Professor at Kochi University (term ends on June 15, 2028)). In the International Seabed Authority (ISA) established for the primary purpose of administering mineral resources in the Area (international deep seabed zone), during the Council's Session held twice in 2024, deliberations were held on regulations on exploitation of mineral resources in the Area. Japan participates actively in negotiations to ensure that its position is reflected in the regulations. Japan has consistently served on the ISA's Council since its establishment and was re-elected at the Assembly convened in August (for a new four-year term from January 2025).
Concerning the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) adopted in June 2023 (yet to enter into force as of December 2024), a Preparatory Commission was established in June to prepare for the convening of the first meeting of the Conference of the Parties to the Agreement. Japan participates actively in the activities of the Preparatory Commission from the position of emphasizing the balance between conservation and sustainable use.
(3) Initiatives in the Political and Security Fields
Japan is actively engaged in concluding international agreements in the political and security field in order to strengthen its legal basis for diplomatic activities. Regarding the Reciprocal Access Agreements (RAA) that establish procedures when the defense force of one country conducts activities while visiting another country as well as define the status of the visiting force, Japan announced the start of negotiations with France in May, and signed an agreement with the Philippines in July.
With regard to Agreements concerning Reciprocal Provision of Supplies and Services (“Acquisition and Cross-Servicing Agreements,” or ACSA), which establish a framework such as the settlement procedures for the reciprocal provision of supplies and services between the Self-Defense Forces and the military forces of other countries, Japan's ACSA with Germany entered into force in July, while negotiations with Italy commenced in June that led to the signing of an agreement in November.
In addition to these, Japan has also further advanced efforts to conclude Agreements concerning the Transfer of Defense Equipment and Technology, which set out provisions on the handling of defense equipment and technologies to be transferred, as well as Agreements on the Security of Information, which serve as the basis for sharing classified information on security with the relevant countries.
With regard to Agreements concerning the Transfer of Defense Equipment and Technology, the agreement signed with the United Arab Emirates in May 2023 entered into force in January, while an agreement was signed with Mongolia in December. Japan also announced the start of negotiations on an agreement with Finland in December. As for Information Security Agreements, Japan reached an agreement in principle in negotiations with New Zealand in June, and also signed an agreement with Ukraine in November.
(4) Initiatives in the Fields of the Economy and Society
The conclusion and implementation of international agreements that bring legal discipline to cooperative relationships with other countries in the economic sphere remain important for promoting the liberalization of trade and investment, as well as people-to-people exchanges, and for strengthening the foundations for the overseas activities of Japanese citizens and companies. The agreements that Japan has negotiated and signed or concluded include tax conventions, investment treaties, and social security agreements with various countries and regions. Furthermore, Japan also engaged actively in negotiations on EPAs and other agreements, with the aim of expanding free and fair economic spheres and strengthening wide-ranging economic relationships.
With regard to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP), the Protocol on the Accession of the United Kingdom to the CPTPP entered into force in December, and it participated actively in discussions toward the General Review of the CPTPP. As for the Japan-EU EPA, the Protocol Amending the Agreement, including provisions on the free flow of data, entered into force in July. The Protocol Amending the Agreement between Japan and the Republic of Indonesia for an Economic Partnership was also signed in August.
Furthermore, Japan, with a view to protecting and enhancing the livelihoods and activities of Japanese citizens and companies, is utilizing the dispute settlement system of the WTO and other means to ensure the proper implementation of existing international agreements.
In social areas such as human rights, labor, social security, environment, health, fisheries, aviation, and culture, which are closely linked to the daily lives of the people, Japan actively participates in negotiations of international agreements to ensure that Japan's positions are reflected and also concludes such agreements. For example, in the social security sector, the Agreement between Japan and the Republic of Austria on Social Security was signed in January, along with the conclusion of the Agreement between Japan and the Italian Republic on Social Security during the same month. In the aviation sector, the Japan-Czech Republic Air Services Agreement and the Japan-Luxembourg Air Services Agreement was each signed in February and in June. In the cultural sector, the Japan-Italy Film Co-production Agreement was concluded in July.
(5) Initiatives in the Field of Criminal Justice
The ICC is the first-ever permanent international criminal court to prosecute and punish, in accordance with international law, individuals who have committed the most serious crimes of concern to the international community. Since becoming a State Party to the ICC Rome Statute in October 2007, Japan has consistently supported the ICC's activities and cooperated with the Court in various ways. Fiscally, Japan is the largest contributor to the ICC, accounting for approximately 15% of the entire assessed contributions to the Court as of 2024. Moreover, Japan has consistently produced judges since its accession to the ICC, and Judge AKANE Tomoko (former Ambassador for International Judicial Cooperation at the Ministry of Foreign Affairs and Public Prosecutor at the Supreme Public Prosecutors Office of Japan) was elected as the President of the ICC in March. Japan also cooperates on the activities of the ICC in the aspect of human resources, with YAMADA Jun, Deputy Secretary-General of the Asian African Legal Consultative Organization (AALCO) elected as a member of Committee on Budget and Finance, among others. In the ICC's work to promote the rule of law in the international community, it is becoming increasingly important to secure cooperation with the ICC, establish the principle of complementarity, and to ensure efficiency and effectiveness in its judicial procedures. Japan actively engages in addressing these challenges through fora such as the working groups of the Assembly of States Parties. In February 2025, the U.S. announced sanctions on ICC officials. Japan has consistently supported the ICC from a position that places importance on ICC conducting its activities safely while maintaining its independence.
Furthermore, to address cross-border crimes, Japan is further working on ensuring judicial cooperation in criminal matters, such as providing necessary evidence for other countries. Specifically, as efforts to improve legal frameworks for promoting international cooperation in the field of criminal justice, Japan has been working on negotiations toward concluding international agreements such as the Treaty on Mutual Legal Assistance in Criminal Matters (MLAT),(42) the Treaty on Extradition,(43) and the Treaty on the Transfer of Sentenced Persons.(44) In January, Japan and Brazil signed the MLAT.
(42) A legal framework that allows for efficient and prompt cooperation with legal authorities of other countries in investigations, prosecution, and other criminal procedures.
(43) A legal framework having comprehensive and detailed provisions regarding the extradition of criminals to enable more effective cooperation for repressing crime.
(44) A legal framework aiming to facilitate the social rehabilitation of sentenced persons by giving them the opportunity to serve their sentences in their own countries.