'"

THE
JAPANESE ANNUALOF
INTERNATIONAL 1-1AW

No. 7

1963

THE JAPAN BRANCHOFTHE INTERNATIONAL LAW ASSOCIATIONCONTENTS
Pag"

Articles:Das volkerrechtliche Gewohnheitsrecht .................. Alfred Verdross

1Nationality in the Private International Law of Japan ...... Sueo Ikehara8(Appendix) Horei (Translation of the Law Concerning the Applicationof Laws) ...........................................................

20

Notes:
Outline of the Japan-Soviet Fishery Talks (1962) ...... Kenzo Kawakami

24International Arbitration in the Meiji Era ................ Yasuo Ishimoto

30

Nuclear Liability Legislation of Japan .................... Eiichi H oshino

38(Appendix 1) The Law Concerning Compensation of Nuclear Damage(Translation).................................................... "47(Appendix 2) The Law Concerning Nuclear Damage Compensation
Indemnification Contracts (Translation) ..............................

53

The Transpacific Cable Construction and Maintenance Agreement of 1962
(KDD-AT & T): Its International Law Aspects ........ Soji Yamamoto

58(Appendix) Transpacific Cable Construction and Maintenance Agreement,with Addendum (Contract) ..........................................

64

Activities:
Activities of the Japan Branch of the International Law Association ......

79

Interim Report by the Committee on Extraterritorial Effects ofTrade Regulation .......................... Makoto Yazawa, Reporter

80

Interim Report by the Committee on State Succession........................................ " Shigejiro Tabata, Reporter

84

Judicial Decisions:
Supreme Court
Japan Supreme Court, October 10, 1960 ................................
Constitutional Law-Orders issued under the Potsdam Declaration andEnforcement Actions thereunder are super-constitutional and not subject
to constitutional Review-Guarantee of Property under Article 29 of theConstitution does not apply to forced Return of allied Property to allied
National by Wartime Japanese Owners.

92

Japan Supreme Court, November 28, 1962 .............................. 104
Constitutional Law-Guarantee of Property under Article 29 of the Constitution-Guarantee of due Process under Article 31 of the Constitution-forfeiture of Property to third Person to receive Notice andOpportunity to excuse or defend himself-Right of Holder of Property ofThird Person to appeal Conviction on Ground that Third Person did notreceive Notice.
( continued)

CONTENTS (continued)

District Court

Page

Hiroshima District Court, October 10, 1960 ............................ 125
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 theConstitution--Waiver of Claims of Japanese Nationals under Article 19(a) of the Treaty of Peace is not directly aCtionable under Article 29 ofthe Constitution in the Absence of specific enabling Legislation.
'Tokyo District Court, March 1, 1951 .................................. 133
Constitutional Law-Orders issued under the Potsdam Declaration andenforcement Actions thereunder are super-constitutional and not subject
to Constitutional Review-Guarantee of Property under Article 29 of theConstitution does not apply to Return of Allied Property to Allied
Nationals by Wartime Japanese Owners.
Tokyo District Court, July 24, 1953 .................................... 144
Treaties-Expropriation of Land, etc. under Administrative Agreement
under Article 3 of Security Treaty between the United States and Japanfor Use by U.S. Forces in Japan, illegal where use by U.S. forces notnecessary to suppress internal Disturbances or deter Armed Attack upon
Japan-Treaty does not bind individual Japanese Nationals without
proper implementing Legislation.
Tokyo District Court, November 9, 1961 ................................ 153
Taxation-Mine-Lot Tax on mining Right under Article 178 of the Local
Tax Law-Suspension of Mine-Lot Tax on mining Right in Territory
occupied by foreign Power under Article 194 of the Local Tax Law.
State Compensation Law-Failure to exercice Administrative Discretion
not an Illegal Act of State under Article 1 of the State Compensation
Law.
Constitutional Law-Obligation of the State to protect the Rights of thePeople under Article 1 of the Constitution-Guarantee of Property underArticle 29 of the Constitution--Management of Foreign Affairs underArticle 73 of the Constitution-Judicial Review under Article 81 of theConstitution.
'Chronology of Japanese Foreign Affairs .................................... 164
A Chronological List of Treaties and other International Agreements Concluded
by Japan in 1962 ..................................................... 169
Documents:
Parcel Post Agreement between Japan and the Commonwealth of Australia,
Tokyo, March 1, 1962 ............................................... 172
Agreement between the Government of Japan and the Government of theUnited States of Brazil concerning the Establishment of Technical Training
Centre for Textile Industries, Rio de Janeiro, March 28, 1962, withAnnexes, Agreed official minutes, and Exchanges of notes .............. 177( continued)

CONTENTS (continued)
Page

Air Transport Agreement between Japan and the United States of Brazil,
Rio de Janeiro, December 14, 1956, with Annex and Schedules ............ 185
Protocol to amend Article 4 of the Parcel Post Agreement between Japanand Canada, Tokyo, February 21, 1962 ................................ 194'Canje de Notas entre el Japan y Colombia sobre la Exencian de Formalidadesde Visado y Derechos de Visacian, Bogota, August 1, 1962 .............. 194
Agreement between Japan and the Federal Republic of Germany for Air
Services, Bonn, Janu.ary 18, 1961, with Exchange of Notes .............. 196
Agreement between the Government of Japan and the Government of theRepublic of Ghana concerning Economic and Technical' Cooperation,
Tokyo, September 24, 1962 .......................................... 203
Agreement between the Government of Japan and the Government of India
for the Establishment of Agricultural Demonstration Farms, New Delhi,April, 23, 1.962, with Annexes and Memorandum of understanding ...... 205
Agreement between the Government of Japan and the Government of India
for the Establishment of Marine Products Processing Training Centre,
New Delhi, March 31, 1962, with Annexes and Memorandum ofunderstanding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 209
Agreement on Commerce between Japan on the One Hand and the BelgoLuxemburg Economic Union on the Other Hand, Tokyo, October 8, 1960,
with Protocols, Exchange of notes, Agreed minutes and Appendix thereto 214
Protocol amending the Agreement on Commerce between Japan and New
Zealand, Tokyo, March 9, 1962, with Exchanges of Notes ............... 226
Agreement replaeing Certain Provisions of the Agreement between Japanand Thailand concerning Settlement of "Special Yen Problem", Bangkok,
January 31, 1962, with Agreed minutes .............................. 231
Exchange of Notes concerning Modification of the Schedule of the Agreement
between Japan and Thailand for Air Services, Tokyo, July 6, 1962 ...... 236
Exchange of Notes between the Government of Japan and the Governmentof the United Kingdom of Great Britain and Northern Ireland concerning
Reciprocal \Vaiving of Passport Visas, Tokyo, November 2, 1962 ........ 237
Agreement between Japan and the United States of America regarding thesettlement of postwar economic assistance to Japan, Tokyo, January 9,
1962, with Exchanges of notes ....................................... 240

List of Members .......................................................... 246