IIn Memoriam
Dr. Kisaburo Yokota (1896-1993)
By Takeso Shimoda
Dr. Kisaburo Yokota, former Chief Justice of the Supreme Court and Honorary
President of the Japan Branch of the International Law Association, passed away on
February 17, 1993, after a life entirely devoted to the search for peace and justicethrough law.
Born in 1896 -the twenty-ninth year of Meiji -in Konan City, Aichi

Prefecture, Dr. Yokota graduated in 1922 from the Faculty of Law of Tokyo
Imperial University, which is now the University of Tokyo. In 1924, he became
Associate Professor of Public International Law at his alma mater. For nearly three
years between 1926-28 he studied in France, Germany and the United States. Hewas promoted to full professor in 1930, and held that post until his retirement in
1957. He served as dean of the Faculty of Law between 1948-51.
Professor Yokota was Japan's leading authority on international law for morethan sixty years. He was indeed a towering Mount Fuji in the academic circles of thiscountry. In pre-war days, his studies of international-law seemed to have focused on
two aspects: One was to find the sound theoretical and methodological grounds forinternational law studies, and in this respect, he was much influenced by the Vienna
School's pure theory of law. He completed the Japanese translation of Hans Kelsen'sReine Rechtslehre in 1935. The other aspect was the importance he placed on theprecise examination of the practice of States, and international courts. As a synthesisof these approaches, Professor Yokota published his study on Kokusai Saiban noHonshitsu (The Essence of International Adjudication, 741 pages) in 1941, for which
he was awarded a doctorate of laws.
In addition to numerous articles, Professor Yokota wrote commentaries andessays and published 66 books during his very productive life. The long list of hi's
publication covers almost the whole field of international law and extends to someareas of domestic law as well. His first textbooks were Kokusaiho (International Law),vols. 1 and 2, published in 1932 and 1933. Some of his last major works include
Iken-shinsa (Judicial Review) and Kumial nojiyu (Freedom of Association), both being
large volumes of 844 pages and 579 pages respectively, which he wrote in 1968 andin 1979, at the ages of 72 and 83.
Dr. Yokota's life was not confined to purely academic activities. His profoundknowledge of international law led him to the world of actual law-making andapplication of the law. Thus he served as a member of the Japanese delegation to theLondon Naval Conference in 1930. He also participated as adviser to the Delegationof Japan in the First and the Second United Nations Conferences on the Law of the2THE JAPANESE ANNUAL OF INTERNATIONAL LAW[No. 36, 19931

Sea in 1958 and 1960. He was appointed a member of the Permanent Court ofArbitration in 1958 which he served until his death. Earlier, in 1956, Dr. Yokota
was elected a member of the United Nations International Law Commission andmade a significant contribution to the work of codification and progressive development of international law. He attended all the sessions of the Commission in Geneva
until 1960, when he resigned from that post to become Chief Justice of the Supreme
Court of Japan. In 1968, he was elected a member of the ILO Committee of Expertson the Application of International Labor Conventions and Recommendations, a postin which he continued until 1975.
Professor Yokota was the most active member of the Japanese Association ofInternational Law, and was elected its President in 1955 and Honorary President in1967. He became a member of the Science Council of Japan in 1949, and its VicePresident in 1956. He was also selected as a member of the Japan Academy in 1949.
Professor Yokota's academic achievement was recognized internationally, and thus,
he was elected associd of the Institute of International Law in 1952, becoming amember in 1963, and an honorary member in 1983.
What is unforgettable to us is the fact that Dr. Yokota served as President ofthe Japan Branch of the International Law Association for twenty years after he first
assumed the office in 1971. The branch has attained dramatic progress under hisbrilliant guidance of its research activities. His vigorous leadership of its fund-raisingefforts helped to lay a sound financial foundation of the branch, by which it became
possible for its members to participate actively in the work of the ILA Committees.
Even after he became Honorary President in 1991, he continued to be the symbol ofunity for all the members of the branch until the day of his death, which was indeed
a paramount loss.
In 1960, Dr. Yokota was appointed Chief Justice of the Supreme Court ofJapan, a post in which he served until he reached the age of 70, the mandatory
retirement age, in 1966. It was the first time that an international lawyer had
become a member of the Supreme Court, much less the Chief Justice. During theterm of his office, the Supreme Court rendered a number of important judgments
and decisions. As Chief Justice, he exerted leadership in administrative reforms witha view to expediting speedy trials.
Even after his retirement from public office, he was continuously asked to serve
as president of various organizations such as the Mineichiro Adachi Memorial Foundation, the Science and Technology Foundation of Japan and the Board of Trustees ofTsuda College.
Professor Yokota was a genuine liberalist, and was known for his criticism ofJapan's military actions before and during the Second World War. He was virtually
the only scholar of international law in Japan who openly challenged the position of
the military and the government with regard to the Manchurian Incident of 1931,

IN MEMORIAM

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insisting that Japan's action was never justifiable as an exercise of the right ofself-defense. The critical remark he made on Japan's surprise attack on Pearl Harborin 1941 also outraged ultra-rightist groups. The social and political pressures
imposed upon him and his family made their life quite difficult in those days,
depriving him of freedom of expression and publication, but he never changed hisviews.
When the war ended in 1945, he vigorously recommenced his academic activities like a fish put back into water. He published successively Senso no Hoki (TheRenunciation of War), Senso Hanzai Ron (On War Crimes) and Kokusai Rengo noKenkyu (A Study of the United Nations) in 1947, Kokusaiho (International Law,newedition) and Sekai Kokka no Mondai (Problems of the World-State) in 1948, Kokusaiho
no Kisoriron (The Fundamental Theories of International Law) and Anzen-hosho noMondai (Problems of Security) in 1949, and Jieiken (The Right of Self-defense) in1951.
Based on his active participation in the work of the International Law Commission, he wrote Umi no Kokusaiho (International Law of the Sea, Vol. 1) in 1959,
Gaiko-kankei no Kokusaiho (International Law on Diplomatic Relations) in 1962, andRyoji-kankei no Kokusaiho (International Law on Consular Relations) in 1974.
Dr. Yokota was also known for his clear and concise writing style. He believedthat a lawyer should write like a scientist rather than a novelist. In so doing, hestrongly impressed his readers not only in the field of law but also in other writings
such as essays and commentaries. When the new Japanese Constitution and laws
were being drafted immediately after the war, he was one of those who stressed thatthey should be drafted in a familiar colloquial style rather than the old literary style,a recommendation that was eventually adopted by the legislature. It was because ofDr. Yokota's reputation as a master stylist that he was appointed a member of theJapanese Language Council in 1956-58.
Thus, Professor Yokota's scholastic accomplishments as well as his strong senseof justice and integrity were the very source of the extremely high prestige heenjoyed in the post-war era, which was recognized by the awarding of a number ofhonors: He was honored with the Order of the Rising Sun, First Class, in 1966, andwith the Order of the Rising Sun, Paulownia, First Class, in 1979. He was decorated
with the Order of Culture in 1981, the highest award presented to scholars andartists in this country.
When Dr. Yokota was made an honorary citizen of his hometown, Konan City,in 1979, he said that he was happier with that honor than with any other. He wasborn and lived in this town until the age of 15. While Dr. Yokota always led asimple life, he donated a large sum of money to Konan City by means of which it
established the Yokota Library and an essay contest program for high school students. He truly loved his hometown.

4THE JAPANESE ANNUAL OF INTERNATIONAL LAW[No. 36, 19931

Dr. Yokota was a famous "go" player. He also enjoyed playing tennis and iceskating, even after he was 90 years old. He was always extremely healthy and nevermissed scheduled meetings, many of which he presided over as chairman. Nobody
felt that he had become old. Nobody had any doubt that he would live beyond 100.
With his profound scholarship and amiable personality, Dr. Yokota educatedmany students who are now active in international law circles both in Japan andabroad. In this sense also, his achievements were imperishable. Surrounded by thesecolleagues, he passed away at the advanced age of 96. His death greatly bereaved hiswife, Yasuko Yokota, his two sons, his grandchildren and great grandchildren.
May we extend our heartiest blessings to his memory.