THE
JAPANESE ANNUAL
OFINTERNATIONAL LAW

No. 101966

THE JAPAN BRANCHOFTHE INTERNATIONAL LAW ASSOCIATIONCONTENTS'PageArticle:
Japanese Diplomacy and the United Nations ........ Bunshichi Hoshi

1

Notes:
Treaty on Basic Relations between Japan and theRepublic of Korea .................................. Keishiro Irie

9

Normalization of Relations between Japan and theRepublic of Korea: Agreement on Fisheries .... Hideo Takabayashi

16

Admission, Deportation and Extradition of Aliens
under the Japanese Laws ............................ Shigeru Oda 23Japanese Treatment of Allied National Property
during World War II ................................ Zengo Ohira 37
The Ryukyuan's Personal Law .................... Keishin Sunagawa 46
Practice:
Annual Review of Japanese Practice in International Law
III (1964) ........................ Shigeru Oda and Hisashi Ow ada 56
Activities:
Activities of the Japan Branch of the International
Law Association ............................... Yoshinobu Segawa 96
Interim Report by the Committee on
State Succession ....................... Shigejiro Tabata, Reporter 97
Interim Report by the Committee on the Extra-territorial
Effects of Trade Regulation ........... Makoto Yazawa, Reporter 99
International Arbitration and Japan: Resume of theReplies of the Japan Branch of the International
Law Association to the Questionnaire on Arbitrationof the Committee on the Charter of the United
Nations ........................... ,..... Yuichi Takano, Reporter 106
Interim Report by the Committee on International
Trade and Investment .................. Makoto Yazawa, Reporter
Shigeru Oda, Reporter 122

Judicial Decisions in Japan:
Supreme Court
Japan Supreme Court, April 9, 1964 ................................... 148
Private International Law-Divorce-Court m1£st decline jurisdiction overaction between alien spouses, where defendant wife was never domiciledin Japan and where the cause for divorce is not her desertion or absence.

Japan Supreme Court, September 8, 1965 .............................. 150
Constitutional LaW-Potsdam Declaration-Postwar requisition or confiscations of property by the Japanese Government pursuant to the Potsdam
Declaration and the orders of the occupation authorities did not violate theJapanese Constitution, and no return of property to or compensation oforganizations involuntarily dissolved pursuant to such orders is required.

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High Court
Tokyo High Court, January 30, 1965 ................................... 174
Constitutional Law-Article 29(3) of the Constitution does not require compensation of individuals whose foreign assets were confiscated by Canada
during World War II, and whose rights to compensation were waived by
Japan under Article 14 of the Treaty of Peace.
Treaties-Application of Article 14 of Treaty of Peace.

District Courts
Kobe District Court, July 18, 1963 ..................................... 178
International Jurisdiction-International exclusive jurisdiction agreement(prorogation agreement) in bill of lading referring parties to the court ofAmsterdam held valid and held to exclude the jurisdiction of the Japanesecourts.

Tokyo District Court, April 26, 1965 .,.,............................... 189
Private International Law-Labor Contract-Although personal services
agreement between American pilot and American air service company
stipulated U.S. law, where services were rendered by employee in andempoyee was dismissed in Japan, as a matter of public policy the contract
and the effects of dismissal will be interpreted according to Japanese law.

Tokyo District Court, February 28, 1966 ................................ 197
Hague Convention provision prohibiting confiscation of private property ismerely declaratory of customary international law. International LawCustomary international law may be overriden by particular agreements,
except where such agreements are contrary to internationally accepted
standards of public order and good manners.
Instrument of Surrender-The Instrument of Surrender of Japan andorders thereunder authorizing the confiscation of private property, are notcontrary to international law.

Yokohama District Court, September 2, 1964 .......................... 216
Private International Law-Horei, Article 16-Governing law of divorce islex patriae of French husband.
Private International Law-Horei, Article 29-Renvoi to Japanese law
required by lex patriae of French husband domiciled in Japan.
Private International Law-Child custody will be determined by governinglaw of divorce.

Family Court
Tokyo Family Court, June 13, 1963 .................................... 223
Private International Law-Adoption-North Korean lex patriae of adoptive Korean parents residing in Japan assumed to recognize adoption, withthe result that adoptive parents were permitted to adopt children of Japanese nationality and to take such children to North Korea.

Chronology of Japanese Foreign Affairs (1965) ............................. 227
Chronological List of Treaties and other International
Agreements concluded by Japan in 1965 ........................... 232

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Documents:
Canada
1. Convention between Japan and Canada for the Avoidance of Double
Taxation and the Prevention of Fiscal Evasion with respect toTaxes on Income, Tokyo, September 5, 1964 ...................... 234
France2. Convention entre Ie Gouvernement du Japon et Ie Gouvernement dela Republique Fran<;aise tendant a Eviter les Doubles Impositions
en Matiere d'Impots sur Ie Revenu, Paris, November 27, 1964 .... 243
India
3. Agreement for the Exchange of International Money Orders
between Japan and India, Tokyo, January 26, 1965 ............... 258
Korea, Republic of
4. Treaty on Basic Relations Between Japan and the Republic ofKorea, Tokyo, June 22, 1965 ...................................... 263
5. Agreement on Fisheries between Japan and the Republic of Korea,
Tokyo, June 22, 1965 ............................................. 264
6. Agreement on the Settlement of Problem concerning Property andClaims and on the Economic Co·operation between Japan and theRepublic of Korea, Tokyo, June 22, 1965 .......................... 284
7. Agreement on the Legal Status and the Treatment of the Nationalsof the Republic of Korea residing in Japan between Japan and theRepublic of Korea, Tokyo, June 22, 1965 ......................... 303
8. Agreement on the Art Objects and Cultural Co·operation between
Japan and the Republic of Korea, Tokyo, June 22, 1965 ........... 309
9. Exchange of Notes concerning the Settlement of Disputes between
Japan and the Republic of Korea, Tokyo, June 22, 1965 ............ 322
Malaysia
10. Agreement between the Government of Japan and the Governmentof Malaysia for Air Services, Kuala Lumpur, February 11, 1965 '" 323
Sweden
11. Protocol modifying and supplementing the Convention between
Japan and Sweden for the Avoidance of Double Taxation and thePrevention of Fiscal Evasion with respect to Taxes on Income,Tokyo, April 15, 1964 ............................................ 330
United Kingdom
12. Agreement for the Exchange of Money Orders between Japan andthe United Kingdom of Great Britain and Northern Ireland, Tokyo,February 22, 1965 ................................................ 338
13. Consular Convention between Japan and the United Kingdom ofGreat Britain and Northern Ireland, Tokyo, May 4, 1964 .......... 341
U.S.A.
14. Protocol modifying and supplementing the Convention between
Japan and the United States of America for the Avoidance ofDouble Taxation and the Prevention of Fiscal Evasion with respect
to Taxes on Income, Tokyo, August 14, 1962 ..................... 367
List of Members .......................................................... 373