THE
JAPANESE ANNUAL
OFINTERNATIONAL LAW

No. 141970

rHE INTERNATIONAL LAW ASSOCIATION OF JAPANCONTENTS
Articles:The Antimonopoly Act of Japan andInternational Transactions ................... . MitsuD Matsushita
A Note on the Treaty on the Non-Proliferation of Nuclear Weapons:
The Japanese Point of View .................... Atsuhiko Yatabe
Juridical Status of the Malacca Straits
in International Law .... , ....... , .... " ., ....... , .. . K. E. Shaw
Notes:The Restoration of the Ogasawara Islands to Japan:
Adjustment of Private Rights in Land ............ TaisuJce Biwata
Dr. Mineitcir6 Adatci-Centenaryof His Birth .................................... Shoichi Sekino
Activities:
Activities of the International Law Association. of Japan .................................... Yoshinobu Segawa
Interim Report by the Committee on the".Extra-Territorial. Effects of Trade Regulation ....... t" • ••• Makoto Yazawa, Reporterr.

1
17
34

48
59

70
71

Judicial Decisions in Japan:

Supreme Court
Japan Supreme Court, March 29, 1968 ............................

76

Post-War Problems-Purged Institution Denied Recovery of Funds Transfered to Commission of Closed Institutions by Order of Occupation Forces.

Japan Supreme Court, July 4, 1969 ...............................

83

Treaty of Peace-Waiver of Claims for Damages for Wrongful Deaths ofJapanese Nationals, Held not to Require Compensation under Article 2,9of Constitution.

High Courts
Sapporo High Court, December 19, 1968 ...........................
Territory-Three-Mile Territorial Sea Limit in International Law held
not to Prevent Application of Fisheries Law Regulating Fishing andPunishing Fishermen for Fishing outside such Three-Mile Limit.

89

-Tokyo High Court, June 28, 1968 .................................

94

Private Intenwtional Law-Applicable Law of an Unincorporated Foreign
Trading Firm~Capacity to Sue-It is reasonable to understand that theJapanese Code of Civil Procedure, that is, lex fori, governs the capacityof an unincorporated foreign trading firm to sue and to be sued.
Private International Law-Capacity of a Foreign Partnership to suean unincorporated partnership under Kenyan law may sue and be sued
under Japanese Code of Civil Procedure, Article 46.

District Courts
Kobe District Court, December 25, 1968 ........................... 108
Private International Law-Acknowledgement-Acknowledgement Action
Permitted even though Deceased Chinese Father's Lex Partiae does not
Provide for Similar Proceeding.

Kushiro District Court, March 29, 1968112

Territory-Three-M'ile Territorial Sea Limit in International Law held toPrevent Application of Fisheries Law Regulating Fishing and Punishing
Fishermen for Fishing outside such Three-Mile Limit.

Okayama District Court, March 20, 1969 .......................... 122
Private International Law-Diyorce and Child Custody-Jurisdiction oj
Japanese Courts Recognized in Action by Japanese Wife against Missing
Canadian Husband.

Tokyo District Court, December 20, 1968 .......................... 127
International Civil Procedure-Representation of a Foreign Corporationin Legal Proceedings Instituted by it in Japan-Held, in Dismission aLawsuit Instituted by an American Bank, that it could not be Represented
in Proceedings before Japanese Courts by a Vice-President not Procedurally Authorized under the Laws of Japan, or by Attorneys-at-Law designated by such Vice-President, but that the Bank should be Procedurally
Represented by the Bank's President, by its Registered Representatives
in Japan, or by Attorneys-at-Law designated by such President or Registered Representative, even though such Registered Representative might
not be Authorized by the Corporate Articles, By-Laws, or Resolutions ofthe Bank to Institute Legal Proceedings.

Tokyo District Court, January 25, 1969 ............................ 146International Law-Extradition for Political Crimes-Customary International Law Rule that Persons Guilty of Political Crimes shall not be Extradited applied by Court to Invalidate Order to Deport Illegal SouthKorean Entrant.

Chronology of Japanese Foreign Affairs (1969) ........................ 190
Chronological List of Treaties and other International Agreements concluded
by Japan in 1969 ................................................ 201
Documents:
Australia
1. Agreement on Fisheries between Japan and the Commonwealth of203
Australia
Cambodia
2. Accord entre Ie Gouvernement du Japon et Ie Gouvernement Royaldu Cambodge concernant Ie Don pour les Travaux d'Execution duPlan d' Amenagement Energetique et d'Irrigation du Prek Thnot
209
Philippines
3. Agreement for the Exchange of International Money Orders between Japan and the Republic of the Philippines .............. 213
United Arab Republic
4. Convention between Japan and the United Arab Republic for theAvoidance of Double Taxation and the Prevention of Fiscal
216
Evasion with Respect to Taxes on Income
U.S.A .
• 5. Agreement between Japan and the United States of America Concerning the Trust Territory of the Pacific Islands .............. 232
Yugoslavia
6. Cultural Agreement between Japan and the Socialist Federal
Republic of Yugoslavia ..................................... 237
List of Members241