THE
JAPANESE ANNUAL
OF'INTERNATIONAL LAW

No. 111967

THE INTERNATIONAL LAW ASSOCIATION OF JAPANCONTENTS
PageArticles:
International Law and Peace ................................. . Leo Gross1

Commission du Droit International en lutte contre
ses faiblesses ........................................ Senjin Tsuruoka

15

Notes:
Accession of Japan to the Organization for Economic
Co-operation and Development (OECD) andLiberalization of Capital Movements ................ Yoshio Kanazawa

24

Some Observations on the International Law of theSea .................................................... . Shigeru Oda

37

Recent Developments in Regional Economic Agencies
in Asia ................................................... Kazuo Sato

51

Revision of the Copyright Law: Report of theCopyright System Investigation Council ........... . Keiichi Yamamoto

61

Practice:
Annual Review of Japanese Practice in International
Law IV (1965) ....................... Shigeru Oda and Hisashi Owada

68

Activities:
Activities of the International Law Associationof Japan .......................................... Yoshinobu Segawa 115
Judicial Decisions in Japan:
Supreme Court
Japan Supreme Court, June 4, 1965 ...................................... 116
Treaty of Peace with Japan, Article 2-Held. that above treaty provision
resulted in ipso facto loss of Japanese nationality by Japanese woman
married to Korean.

Japan Supreme Court, December 23, 1965 ................................ 122
Private International Law-Contracts-Loan agreement between exchange
resident and exchange non-resident violating Articles 28 and 30 of the Foreign
Exchange and Foreign Trade Control Law and Articles 11 and 13 of theCabinet Order Concerning Control of Foreign Exchange held valid in civil
action between contracting parties.

CONTENTS
Page

Japan Supreme Court, July 13, 1966 ..................................... 143
Okinawa,......-AppUcation of Narcotics Control Law to Okinawa-Held, that,since Okinawa is not under the supreme power of Japan, the unlicensed
importation of narcotics from Okinawa into Japan is punishable as in thecase of such importation from a foreign country.

District Courts
Osaka District Court, September 24, 1966 ................................ 161
Private International Law-Contracts-Article 28 of the Foreign Exchange
and Foreign Trade Control Law does not preclude an action in Japan by anexchange non-resident for damages for breach of contract.

Tokyo District Court, July 20, 1962 ..................................... 165
Private International Law-Procedural Question-"No·Action" Clause inAmerican automobile accident liability insurance policy held not to bar action
by Japanese automobile accident victims directly against Japanese office ofinsurance company where insured driver had left Japan and could not
personally be served with process.

Tokyo District Court, April 26, 1965 ..................................... 183
Private International Law-Contracts-Interpretation and application of automObile accident liability insurance policy.

Tokyo District Court, May 27, 1965 ..................................... 197
Private International Law-Jurisdiction over Tort Action-Code of Civil
Procedure, Article 15, basing jurisdiction on place of tort. held to include
place of damage or harm. Private International Law-lex actus delicti-Horei(Law Concerning the Application of Laws), Article 11. held to include placeof harm, in turn held to include place of lost profit.

Tokyo District Court, September 14, 1965 ............................... 210
International Law-Succession by States-Japanese realty acquired by revolutionary Ba Maw Government of Burma, 1943-1945, acquired by Great Britain
as successor to such Government in 1945 and by the Union of Burma assuccessor to Great Britain in 1947.

Tokyo District Court, October 13, 1965 .................................. 227
Private International Law-Enforcement of California Support DecreeHeld, that a support decree conditioned upon non-removal of child from theState of California does not violate the public policy of, and therefore isentitled to enforcement in, Japan.

Chronology of Japanese Foreign Affairs (1966) ............................. 236
Chronological List of Treaties and other International
Agreements concluded by Japan in 1966 .............................. 243

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Page

Index to The Japanese Annual of International Law,
No.l(1957) through No.10(1966):
1.

Author Index of Articles, Notes, Practices and Activities ............ 244

2.

Suhject Index of Articles, Notes, Practices,
Activities and Decisions of Property Commissions ................. 247

3.

4.

Index of Judicial Decisions(a)Index of judicial Decisions hy Court ........................... 253(b)

Chronological Index of .JUdicial Decisions(e)

Subject Index of Judicial Decisions ............................. 255

254

Index of Documents (bilateral treaties and other agreements)(a)Index of Documents by the Other Party ........................ 273(b)

Subject Index of Documents ................................... 282

List of Members ........................................................... 292