THE
JAPANESE ANNUALOF

INTERNATIONAL LAW

No. 13

1969

THE INTERNATIONAL LA W ASSOCIATION OF JAPANCONTENTS
PageArticles:
Judicial Review in Japan:
Political and Diplomatic Questions .............. Kisaburo Yokota

1

One Hundred Years of International Law
Studies in Japan ..................................... Fujio Ito

19Japan's Early Encounter with the Conceptof the "Law of Nations" ....................... Hirohi1co Otsuka

35

Practice:
Annual Review of Japanese Practice in International
Law V (1966) .................. Shigeru Oda and Hisashi Ow ada

66

Activities:
Activities of the International Law Associationof Japan .................................... Yoshinobu Segawa 119
Judicial Decisions in Japan:
Supreme Court
Japan Supreme Court, November 27, 1968 .......................... 121
Treaty of Peace, Article 14(a), and Japanese Constitution, Article 2.9,
Paragraph 3, held not to require the Japanese Government to compensate
its nationals for overseas assets lost as a result of the Government's
waiver of claims under the' Treaty.

District Courts
Osaka District Court, August 31, 1967 ................... 1 • • . • • . •• 125
Treaty of Peace, Article 19(a), and Japanese Constitution, Article 29,
paragraph 3, held not to require Japanese Government to compensate aJapanese contractor for claims arising under a construction contract with
the U.S. Occupation Forces entered into before and completed after theeffectuation of the Treaty of Peace.

Tokyo District Court, October 17, 1967
Private International Law-International Jurisdiction-Held, that a clausein a Hong Kong bill of lading giving the Danish carrier the option tosubmit claims disputes to a designated Danish court, did not preclude
Japanese jurisdiction tvhere local action was necessary to protect the interests of the Japanese buyer because of the carrier's late exercise of theoption and the resulting uncertainty of the buyer's being able to bringan action before the designated court.

136

rPageYamaguchi District Court, June 26, 1967 .......................... 151
Private International Law-Horei, Article 7, par. l-Governing Law ofContrac~Party Autonomy-Held that Ame1-ican parties to an Englishlanguage fuel-oil supply contract calling for payment in U.S. dollars
impliedly chose U.S. law.
Private International Law-Horei, Article 7, par. l-Governing Law ofContract-Party Autonomy-Held that American parties to a ship mortgate registered in New York impliedly intended to choose U.S. law.
Private International Law-HoTei, Article 10, pal'. l-Held that the Horei?'Ule that rights in rem in movables and immovables are governed by thelex situs, does not apply to maritime liens and ship mortgages.
Private International Law-Law of the Flag-Maritime liens and ship
mortgages as well as the establishment of priorities among them, wre governed by the law of the flag of the ship.

Yokohama District Court, September 29, 1966 ...................... 159
International Jurisdiction-Held, that Japanese courts have jurisdiction
to provisionally attach a vessel of a foreign company not having an officein Japan, in order to enforce a claim against such foreign company.

Family Court
Nagasaki Family Court, February 20, 1967 ........................ 166
Private International Law-Adoption-Jurisdiction of Family Court toApprove Adoption of German Child by Japanese-Held, in a case where
the Japanese husband of a German wife applied for approval of the adoption of the wife's child of German nationality of a prior marriage, that
the Family Court may exercise discretionary jurisdiction and approve theadoption even through its approval is not required by the Civil Code ofJapan.

Chronology of Japanese Foreign Affairs (1968) ....................... 169
Chronological List of Treaties and other International Agreements concluded by Japan in 1968 ................. : ....................... 177
Documents:Ceylon
1. Convention between the Government of Japan and the Governmentof Ceylon for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income ........ 179
Denmark
2. Convention between Japan and the Kingdom of Denmark for theAvoidance of Double Taxation with Respect to Taxes on Income 191
Malaysia
3. Agreement of 21st September, 1967, between Japan and Malaysia 209Page

Mexico4. Agreement between Japan and the United Mexican States concerning Fisheries by Japanese Vessels within the Waters Contiguous to the Mexican Territorial Sea ........................ 215
New Zealand
5. Agreement on Fisheries between Japan and New Zealand ...... 221
Norway6. Convention between Japan and the Kingdom of Norway for theAvoidance of Double Taxation with Respect to Taxes on Income 227
Singapore
7. Agreement of 21st September, 1967, between Japan and the Republic of Singapore ........................................ 244
U.K.
8. Agreement between the Government of Japan and the Government of the United Kingdom of Great Britain and Northern Ireland for Co-operation in the Peaceful Uses of Atomic Energy .... 249
U.S.A.
9. Agreement between Japan and the United States of America concerning Nanpo Shoto and Other Islands ...................... 255
10.

Agreement for Cooperation between the Government of Japan and
the Government of the United States of America concerning Civil
Uses of Atomic Energy .................................... 259

List of Members ................................................ 273