THE
JAPANESE ANNUAL
OFINTERNATIONAL LAW

No. 81964

THE JAPAN BRANCHOFTHE INTERNATIONAL LAW ASSOCIATIONCONTENTS
PageArticles:
International Divorce Jurisdiction in Japan ...... Hideburni Egawa
Conclusion and Validity of Treaties in Japan:
Constitutional Requirements ........................ Yuichi Takano

9Notes:
Review of Decisions
Japan's Wartime Prize Courts:
The Santa Fe Case ............................. Mitsuo Maehara

24

World Federation: The Eleventh World Conference of the World
Association of World Federalists, Tokyo 1963 ..... Shigejiro Tabata
Appendix I: The Tokyo Declaration ........................
Appendix II: The Copenhagen-London Proposals .............

303738

Convention on Offences and Certain Other Acts Committed on Board
Aircraft of 1963 ................................. Ryuichi Hirano
Appendix: Convention on Offences and Certain Other Acts
Committed on Board Aircraft ....................

14452

Japan's Participation in the Hague Convention Relating to the Formof Testamentary Dispositions ...................... hro Muraoka
Appendix I: Convention on the Conflicts of Laws Relating tothe Form of Testamentary Dispositions ........
Appendix II: The Law concerning the Laws applicable to theForm of Testamentary Dispositions ............

73

The Japanese-Soviet Tangle Collection
Agreement of 1963 ............................. Shigeo Sugiyama

75

Appendix

AppendixI:

II:

Appendix III:The First Proposal (Japanese) for an Agreement
between the Great Japan Fisheries Association ofJapan and the National Commission of Fisheries,
Union of Soviet Republic, Pertaining to Tangle
Collection in the Area around Kaigara Cay, April
27, 1963 ....................................
The Second Proposal (Japanese) for an Agreement between the Great Japan Fisheries Association of Japan and the National Commission ofFisheries, Union of Soviet Republic, Pertainingto Tangle Collection in the Area around Kaigara
Cay, May 17, 1963 ..........................
The Third Proposal (Russian) for an Agreement
between the National Commission of Fisheries
Affiliated to the National Economic Congress,
Union of Soviet Socialist Republics, and the Great
Japan Fisheries Association, Pertaining to theGrant of the Right to Tangle Collection in theArea around Signalnui Island to Japanese Fishermen by the U.S.S.R., May 20, 1963 ...........
(continued),

60
69

85

8688

CONTENTS (continued)
Page

Appendix IV:

Agreement between the Great Japan Fisheries
Association and the National Commission ofFisheries of Soviet Socialist Republics, Pertainingto Collection of Tangle in the Area aroundKaigara Island (Signalnui Island) by JapaneseFishennen ..................................

92

Practice:
Annual Review of Japanese Practice in International Law, 1961 and1962 ............................ Shigeru Oda and Hisashi Owada

99

Activities:
Activities of the Japan Branch of the International Law Association .. 150
Judicial Decisions:
Supreme Court
Japan Supreme Court, April 5, 1961 ............................. 153
Constitutional Law-Determination that recognition of independence of Korea under Article 2 (a) of the Treaty of Peace resulted
in loss of Japanese nationality does not violate Articles 10, 11, 12,
13 of the Constitution.
Nationality Law-Effect of becoming the wife of a Korean-Although there are no relevant provisions, the Nationality Law required loss of Japanese nationality by all Koreans upon postwar
territorial changes.
Treaties-Recognition of independence of Korea under Article 2 (a)of the Treaty of Peace resulted in loss of Japanese nationality
by Koreans.
Japan Supreme Court, March 25, 1964 ............................ 175
Private International Law-Divorce-Court must accept jurisdiction over action between alien spouses 'where equities require protection of wife's interests, notwithstanding Horei, Article 16,
generally applying law of country of husband's nationality ininternational divorce cases.
Domestic Relations--Domestic Relations Litigation Procedure Law-Article 1, Paragraph 3, relating to divorce jurisdiction, applies
to aliens as well as Japanese nationals.
District Courts
Tokyo District Court, July 20, 1960 .............................. 181
Civil Procedure-Enforcement of foreign money judgment underArticles 200, 514, 515 of the Code of Civil Procedure-"MutualGuarantee" under Article 200 of the Code of Civil Procedure does
not exist between Japan and Belgium.
Tokyo District Court, August 9, 1960 ............................ 189
Private International Law-Capacity of Common Law (Kenya)
Partnership to sue-Capacity determined by Personal Law ofPartnership, even if partnership does not qualify as unincorporated association having capacity to sue under Code of Civil
Procedure, Article 46.
Civil Law-Measure of Damages for Breach of Contract-Time
Damages is calculated, where a sales contract calling for payment(continued)

CONTENTS (continued)
Page

by letter of credit has been rescinded by buyer after expirationof term of validity of letter of credit because of seller's failure
to perform-Damages calculated as the date of expiration of letterof credit.
Tokyo District Court, December 7, 1963 .......................... 212
Public International Law-Atomic bombing of Hiroshima andNagasaki was an illegal act in violation of International Law
Public International Law-Customary International Law as well
as Positive International Law (Treaties) is part of the Municipal
Law of Japan, and violation gives individual claim for redress
under Municipal Law.
Treaties-Waiver of Municipal Law claims of atomic bomb victims under Article 19 (a) of the Treaty of Peace was not an illegal
act of State under Article 1 of the State Compensation Law.
Decision by Prize Court Review Commission:
Review of the Award of
the Sasebo Prize Court on the S.S. Santa Fe Case .................... 253
Chronology of Japanese Foreign Affairs .............................. 282
Chronological List of Treaties and other International Agreements concluded by Japan in 1963 ............................................ 287
Documents:
Argentina
1. Acuerido de Migracion entre el Gobierno del Japon y el Gobierno
de la Republica Argentina, Tokyo, May 11', 1963 ................ 290
Austria
2. Convention between Japan and the Republic of Austria for theAvoidance of Double Taxation with respect to Taxes on Income,Yienna, April 4, 1963 ........................................ 292
Brazil3. Acordo de Migracao e Colonizacao entre .Japao e os Estados Unidos
do Brasil, Rio de Janeiro, October 10, 1963 ..................... 303
Burma
4. Agreement between Japan and the Union of Burma on Economicand Technical Cooperation and Protocol concerning the Union ofBurma's Claim based on Article V, Paragraph I (a) (III) of theTreaty of Peace between Japan and the Union of Burma signed atRangoon on November 5, 1954, Rangoon; October 25, 1963 ...... 314
France5. Echange de Notes entre Ie J apon et la Republique Frangaise concernant l'Exemption Reciproque de l'Impot sur les Revenus provenant de la Navigation Maritime ou Aerienne, Paris, April 24, 196.'1 325
Ghana
6. Arrangement between the Government of Japan and the Governmentof the Republic of Ghana for the Establishment of Textile Training
Center, Accra, May 23, 1963 .................................. 327
Haiti
7. Accord de Commerce entre Ie Japon et la Republique d'Haiti, Tokyo,
October 31, 1963 ............................................ 332(continued)

CONTENTS (continued)
PageIndonesia
8. Treaty of Amity and Commerce between Japan and the Republic ofIndonesia, Tokyo, March 8, 1963 .............................. 336
9. Agreement between Japan and the Republic of Indonesia for Air
Services, Tokyo, September 3, 1963 ............................ 351
Italy
10. Agreement between Japan and Italy for Air Services, Tokyo, July
26, 1963 .................................................... 358
Kuwait
11. Agreement between the Government of Japan and the Governmentof Kuwait for Air Services, June 20, 1963 ...................... 364
Malaya
12. Convention between Japan and the Federation of Malaya for theAvoidance of Double Taxation and the Prevention of Fiscal Evasion
with respect to Taxes on Income, Kuala Lumpur, August 21, 1963 372
New Zealand
13. Convention between Japan and New Zealand for the Avoidance ofDouble Taxation and the Prevention of Fiscal Evasion with respect
to Taxes on Income, Wellington, April 19, 1963 ................ 386
14. Parcel Post Agreement between the Government of Japan and theGovernment of New Zealand, Tokyo, August 1, 1963 ............ 396
Pakistan
15. Agreement between the Government of Japan and the Governmentof Pakistan concerning the Establishment of Telecommunication
Research Center, Karachi, November 16, 1963 .................. 399
The Philippines
16. Parcel Post Agreement between Japan and the Republic of thePhilippines, Tokyo and Manila, September 1, 1963 .............. 403
South Africa
17. Parcel Post Agreement between Japan and the Republic of South
Africa, Tokyo, October 1, 1963 .... :........................... 416
Thailand18. Convention between Japan and Thailand for the Avoidance ofDouble Taxation and the Prevention of Fiscal Evasions with respect
to Taxes on Income, Bangkok, July 24, 1963 ................... 423
United Arab Republic
19. Agreement between Japan and the United Arab Republic for Air
Services, Tokyo, June 6, 1963 ................................ 437
United Kingdom
20. Convention between the Government of Japan and the Governmentof the United Kingdom of Great Britain and Northern Ireland for
the Avoidance of Double Taxations and the Prevention of Fiscal
Evasion with respect to Taxes of Income, Tokyo, April 23, 1963 444
21. Treaty of Commerce, Establishment and Navigation between theUnited Kingdom of Great Britain and Northern Ireland and Japan,
London, May 4, 1963 ....................................... 458
22. First Protocol concerning Trade Relations between the United
Kingdom of Great Britain and Northern Ireland and .Japan,
London, May 4, 1963 ......................................... 479(continued)

CONTENTS (continued)
Page

United Nations
23. Agreement between the Government of Japan and the United
Nations Special Fund for the Establishment of an International
Institute of Seismology and Earthquake Engineering, New York,
April 18, 1.963 ............................................... 481
List of Members ................................................... 504