THE
JAPANESE ANNUALOF
INTERNATIONAL LAW

No. 12

1968

THE INTERNATIONAL LAW ASSOCIATION OF JAPANCONTENTS
PageArticles:
Boundary of the Continental Shelf ........................ Shigeru Oda 264
The Dispute between Japan and Korea
respecting Sovereignty over Takeshima ............... . Kanae Taijudo
1
Traffic Accidents and Diplomatic Immunity ............... . Ribot Hatano 18
Notes:The Independence of Singapore and Her Succession
to the Agreement between Japan and Malaysia for
Air Services ........................................ Shigejiro TabataInternal Enforcement and Application ofTreaties in Japan .................................. Sakutaro Kyozuka
Commercial Arbitration Law and Practice in Japan ... Tokusuke Kitagawa

364559Activities
Activities of the International Law Associationof Japan .......................................... Yoshinobu Segawa 120
Interim Report by the Committee on the Extra·Territorial
Effects of Trade Regulation ............... . Makoto Yazawa,Reporter 71
International Mediation and Japan: Resume of the Repliesof the International Law Association of Japan to theQuestionnaire of the Committee on the Charter of theUnited Nations ............................. Yuichi Takano, Reporter 78
Interim Report by the Committee on International
Trade and Investment ..................... . Makoto Yazawa, ReporterShigeru

Oda,

Reporter

86

Interim Report by the Committee on Fore;gn Investmentin the Developing Countries .............. Yoshio Kanazawa, Reporter 115
Judicial Decisions in Japan:
Supreme Court
Japan Supreme Court, February 28, 1967 .............................. 122
As for a person convicted of arson by a court in Japanese-occupied Korea,
held, that such conviction could be retried in Japan.

High Court
Tokyo High Court, August 29,1966 .................................... 130
Insurance-Automobile Accident Liability Insurance-Interpretation of socalled no-action Clause-No-action clause conditioning injured's right to insurance proceeds on establishment of legal liability of insured injurer, held valid,even where injured brought direct action against insurance company becatlse
injurer had died and his successors in interest did not live in Japan.

CONTENTS
Page

District Courts
Osaka District Court, May 30, 1967 .................................... 136
Okinawa-Criminal Jurisdiction of Japan-Held, that Okinawa not part ofJapan within the meaning of Article 1 of the Penal Code, but that its
inhabitants are Japanese nationals within the meaning of Article 3 of thePenal Code. Thus Japan has jurisdiction to try a person apprehended inJapan for criminal acts committed on Okinawa while an inhabitant ofOkinawa.

Tokyo District Court, July 9, 1967 ...................................... 146
Private International Law-The governing law of a labor contract determinedby the intention of the parties-The foreign governing law of a labor contract to be performed in Japan upheld under Article 7 of the Horei-Application of foreign doctrine of right to discharge an employee. held not toconstitute an infringement of Japanese public policy as stipulated by Article
30 of the Horei.

Summary Court
Kagoshima Summary Court, September 8, 1966 ........................ 151
Okinawa-Criminal Jurisdiction of Japan-Held. that Okinawa is not partof Japan within the meaning of Article 1 of the Criminal Code. but that its
inhabitants are Japanese nationals within the meaning of Article 3 of the Penal
Code. Thus Japan has jurisdiction to try a person apprehended in Japanfor criminal acts committed on Okinawa while an inhabitant of Okinawa.

Chronology of Japanese Foreign Affairs (1967) ............................ 160
Chronological List of Treaties and other International Agreements concluded
by Japan in 1967 ....................................................... 170
Documents:
Argentina
1. Treaty of Friendship, Commerce and Navigation between Japan andthe Argentine Republic .......................................... 172
Asian Productivity Organization
2. Agreement between the Government of Japan and the Asian Productivity Organization regarding Privileges and Immunities of the Asian
Productivity Organization ......................................... 181
Brazil
3. Convention between Japan and the United States of Brazil for theAvoidance of Double Taxation with respect to Taxes on Income .... 188
Germany, Federal Republic of
4. Agreement between Japan and the Federal Republic of Germanyfor the Avoidance of Double Taxation with respect to Taxes on
Income and to Certain Other Taxes ............................. 201

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Korea, Republic of
5. Agreement between the Government of Japan and the Governmentof the Republic of Korea for Air Services ........................ 218
New Zealand
6. Protocol amending the Convention between Japan and New Zealandfor the Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with respect to Taxes on Income ........................ 225
OECD
7. Agreement between the Government of Japan and the Organization
for Economic Co-operation and Development on Privileges and Immunities of the Organization in Japan ............................ 228
Singapore
8. Agreement between the Government of Japan and the Governmentof the Republic of Singapore for Air Services .................... 229
U.S.S.R.
9.

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PECIIY6JII1K 0 B03,UYWHOM C006WEHI1I1 .................... 236

10.

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COBETCKI1X COUI1AJII1CTI1LJECKI1X PECIIY6JII1K ............. . 249

List of Members ....................................................... 285