THEJAPANESE ANNUAL
OFINTERNATIONAL LAW

No. 371994

THE INTERNATIONAL LAW ASSOCIATION OF JAPANTHE JAPANESE ANNUAL OF INTERNATIONAL LAW

No. 37 (1994)
CONTENTS

ArticlesCountermeasures in the International Legal Order ............. Yoshiro Matsui
Japan's Settlement of the PoSt-W orId War II Reparations and Claims............................................................................. Tetsuo Ito 38
Concurrent Litigations in Japan and the United States ...... Masato Dogauchi 72
Cultural Property in Private International Law .................. J un Yokoyama 95
Maritime Safety Measures and UNCLOS - Maritime Law Enforcement ofJapan - .......................................................... Rekiso Murakami 104
Book Reviews ..........................................................................

118

Judicial Decisions in JapanI.

Public International Law

Supreme Court, 25 February 1993 ................................................

123

Self-Defense Forces Act Uieitai Ho) - Agreement under Article VI of the Treatyof Mutual Cooperation and Security between Japan and the United States ofAmerica Regarding Facilities and Areas and the Status of United States Armed
Forces in Japan - Demand for the Stoppage of Takeoffs and Landings by
Self-Defense Forces Aircraft and for the Regulation of Noise as a Civil Claim Demand for the Stoppage of Takeoffs and Landings by United States Armed Forces
Aircraft - A Claim for Compensation for Injury due to the Noise of the Takeoffand Landing of the Aircraft
Supreme Court, 25 February 1993 ................................................

Treaty of Mutual Cooperation between Japan and the United States of America- Agreement under Article VI of the Treaty of Mutual Cooperation and Security
between Japan and the United States of America Regarding Facilities and Areasand the Status of United States Armed Forces inJapan - Demand to the State ofJapan for the Stoppage of Takeoffs and Landings by United States Armed Forces
Aircraft127

CONTENTSVITokyo High Court, March 5, 1993 ....... ........... ..... .... .... ............ .... 129
Law of War - Compensation for Prisoners of War Detained in the USSR afterWorld War II - Applicability of Articles 66 and 68 of the Third Geneva
Convention of 1949 - Establishment of "the Rule of Compensation by States on
Which Prisoners of War Depend" as International Customary Law (Denied) Compensation in Application of Article 29(3) of the Constitution'(Denied)
Osaka District Court, June 18, 1993 ............................................. 152
Rejection of an Application for a Lease Because of Nationality - Obligation toNegotiate in Good Faith - Responsibility to Compensate for Damages
II.

Private International Law

Tokyo High Court, June 28, 1993...... ............... ......... ... ............... ISS
Enforcement of foreign Judgment - Judgment by a State Court in California Compensatory and Punitive Damages - Enforcement of Punitive Damages
Awards Refused Because of its Penal Character and Contrariety to Ordre Public
in JapanTokyo High Court, November 15, 1993
Enforcement of Foreign Decree - Decree by a Texas State Court Custody Award - Enforcement Refused - Ordre Public

158
Enforcement ofTokyo District Court, September 26, 1991 ....... ..... .... .... .................. 161
Effects of Bankruptcy Declared in Norway - Power of Norwegian Liquidator toFile a Suit - Nullity of Resolution of Shareholders' General Meeting
Tokyo District Court, January 29, 1993 ......................................... 163
Gambling Obligations - Claim for Restitution by Owner of State-Licensed
Gambling Casino in Nevada - Ordre Public
Chronological List of Treaties and Other International Agreements Concluded
by Japan in 1993 ....................................................................... 165
Documents
Treaties
COSPAS-SARSAT
1. Letter of Notification of Association with the International COSPAS-

CONTENTSVllSARSAT Programme as a Ground Segment Provider ..................

167

ISRAEL2. Convention between Japan and the State of Israel for the Avoidance ofDouble Taxation and the Prevention of Fiscal Evasion with Respect
to Taxes on Income......................................................... 172
TURKEY
3. Agreement between Japan and the Republic of Turkey concerning
the Reciprocal Promotion and Protection of Investment ............... 189
Chronology of Japanese Foreign Affairs.............................................. 197
Activities
Activities of International Law Association of Japan ............................ 209
Activities of Related Academic Association in Japan............................ 211
List of Members .......................................................................... 215