THE
JAPANESE ANNUAL
OFI

INTERNATIONAL LAW

No.91965

THE JAPAN BRANCHOFTHE INTERNATIONAL LAW ASSOCIATIONCONTENTS
PageArticles:
1C. Wilfred Jenks
Freedom under Law in the World Community
Japanese Participation in United Nations Forces:
Possibilities and Limitations ....................... Shigeru Kozai 10
Notes:The Case of the Erato and the Valentine ............. Mitsuo Maehara
Application of the Geneva Conventions toPresent Day Japan .............................. Shigeki Miyazaki
The Japan-United States Negotiations concerning King
Crab Fishery in the Eastern Bering Sea ... , ........ Ko Nakamura
Agreement Establishing Interim Arrangements for a
Global Commercial Communications Satellite
System ........................................... Soji Yamarnoto
The Lex Patriae of Chinese and Koreans .............. Yoshiro Hayata
International Domestic Relations Cases in the
Family Courts of Japan .......................... Ryoichi Yamada
Table A:
Table B:
Table C:

21
29
36

4657
69

Annual Number of Cases of International Domestic Relations (1953-1960)
Annual Number of Cases of International Domestic Relations (1953-1960)
Number of Cases of International Domestic Relationsin 1962

Teaching and Research of International
Law in Japan ........................................ Shigeru Oda 85
Document I:
Document II:

Teaching and Research of International Law in JapanThe Journals Published in Japan relating to International
Law and Relations
Document III,' Index of Source Materials relating to International Lawand Relations available in the Universities in Japan

Practice:
Annual Review of Japanese Practice in International Law,
II (1963) ......................... Shigeru Oda and Hisashi Owada 101
Activities:
Activities of the Japan Branch of the International
Law Association ................................................... 166
Interim Report by the Committee on
State Succession ....................... Shigejiro Tabata, Reporter 167
Interim Report by the Committee on the Extra-territorial
Effects of Trade Regulation ............. Makoto Yazawa, Reporter 174
Judicial Decisions in Japan:
Supreme Court
Japan Supreme Court, December 5, 1962 .............................. 180
Nationality Law-effect of becoming the wife of a Formosan-although
there are no relevant provisions, the Nationality Law required loss of

CONTENTS
Page

Japanese nationality by all Formosans upon post-war territorial changes
Treaties-Peace Treaty between Japan and the Republic of China of August
8, 1952-transfer of Formosa to the Republic of China resulted in loss ofJapanese nationality by Formosans Family Registration Law-removalof name of Japanese woman from family register upon m.arriage to analien is an ex post facto procedural requirement not necessary to theformation of the marriage

High Courts
Osaka High Court, April 6, 1962 ...................................... 191
Private international law-Horei, Article 7, Article ll-quasi-contractual
liability of agent for torts of apparent principal determined by lex
contractus
Private international law-Horei. Article 30-court refused to holdstipulated Canadian law inapplicable as contrary to the public policy ofJapan without first receiving proof of and examining Canadian law ofcarriage of goods contract

Osaka High Court, November 6, 1962 .................................. 196
Private international law-divorce-determination of Chinese husband'slex patriae-after balancing personal contacts with the Republic of China(Taiwan) and the People's Republic of China (Communist China),
respectively, the Court will determine the applicable law of divorce andits incidents

Tokyo High Court, April 8, 1959 ..................................... 209
Torts-individual Japanese nationals in theory have claim for damages
for illegal acts (torts) committed by American soldiers during occupation
Treaties-waiver of claims under Article 19(a) of the Treaty of Peace
includes claims of Japanese nationals for damages for off-duty torts
committed by members of the Occupation Armies
State Compensation Law-waiver of claims of Japanese nationals underArticle 19(a) of the Treaty of Peace is not an illegal act of state underArticle 1 of the State Compensation Law
Constitutional law-guarantee of property under Article 29 of the Constitution-waiver of claims of Japanese nationals under Article 19(a) ofthe Treaty of Peace is not directly actionable under Article 29 of theConstitution in the absence of specific enabling legislation

District Courts
Tokyo District Court, March 15, 1961 .................................. 223
Private international law-nonrecognition of ex parte Nevada divorce
by Japanese husband against Japanese wife-Court granted wife'S separate
petition for judicial divorce, consolation money, and declaration ofparental authority over childPrivate international law--requirements for recognition of foreign divorce
decree-Article 200 of the Code of Civil Procedure shall not apply to an
action related to questions of status, including divorce and its subsidiary
questions-a foreign divorce decree shall not be recognized if it is notgranted in accordance with the law designated by the Horei, and if it
injures the interests of a Japanese defendantTokyo District Court, October 25, 1962 ................................. 229
Private international law--Horei, Article l8-posthumous acknowledgement

CONTENTS
Pageof illegitimate children of Japanese father and Chinese Mainland common
law wife
Private international law-Horei, Article 27-law of People's Republic ofChina (Communist China) held to be national law of illegitimate childrenof Japanese father and Chinese Mainland common law wife
Private international law-proof of foreign law-in absence of proof oflaw of People's Republic of China (Communist China) as to compulsory
acknowledgement of parenthood, such law heW to be same as Japanese law

Chronology of Japanese Foreign Affairs ................................... 233
Chronological List of Treaties and other International
Agreements concluded by Japan in 1964 ................................ 239
Documents:
Australia
1. Protocol amending the Agreement on Commerce between Japanand the Commonwealth of Australia, Tokyo, May 27, 1964 ........ 241
Benelux
2. Protocol amending the Agreement on Commerce between Japan on
the one hand and the Kingdom of the Netherlands and the Belgo·
Luxemburg Economic Union on the other hand and Protocol concerning Trade Relations between Japan on the one hand and theKingdom of the Netherlands and the Belgo-Luxemburg Economic
Union on the other hand, Tokyo, October 21, 1964 ................ 245
EI Salvador
3. Agreement on Commerce between Japan and the Republic of EISalvador, Tokyo, July 1, 1964 .................................... 252
France4. Accord de Commerce entre Ie Japon et la Republique FranQaise,
Paris, January 10, 1964 .......................................... 259
U.S.A.
5. Protocol amending the Agreement for Co-operation between theGovernment of Japan and the Government of the United States ofAmerica concerning Civil Uses of Atomic Energy, Washington,April 21, 1964 .................................................. 264
6. Consular Convention between Japan and the United States ofAmerica, Tokyo, August 1, 1964 .................................. 265
7. Protocol modifying and supplementing the Convention between
Japan and the United States of America for the Avoidance ofDouble Taxation and the Prevention of Fiscal Evasion with respect
to Taxes on Income, Tokyo, September 2, 1964 ................... 283
List of Members .......................................................... 286