Recent Abstracts and Article Links
The complete collection of articles and abstracts for the Pacific Rim Law & Policy Journal is available
in the Marian Gould Gallagher Law Library digital archives.
Volume 19
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Issue 3
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June 2010
TRANSFORMATION OF LAND RIGHTS IN INDONESIA: A MIXED PRIVATE AND PUBLIC LAW MODEL
Daryono
19 Pac. Rim L. & Pol'y J. 417
abstract
full article
LEGAL LIABILITY, INTELLECTUAL PROPERTY AND GENETICALLY MODIFIED CROPS: THEIR IMPACT ON WORLD AGRICULTURE
Kanchana Kariyawasam
19 Pac. Rim L. & Pol'y J. 459
abstract
full article
THE EMERGENCE OF HOLLYWOOD GHOSTS ON KOREAN TVS: THE RIGHT OF PUBLICITY FROM THE GLOBAL MARKET PERSPECTIVE
Hyung Doo Nam
19 Pac. Rim. L. & Pol'y J. 487
abstract
full article
PUBLIC WELFARE, ARTISTIC VALUES, AND THE STATE IDEOLOGY: THE ANALYSIS OF THE 2008 JAPANESE SUPREME COURT OBSCENITY DECISION OF ROBERT MAPPLETHORPE
Yuri Obata
19 Pac. Rim L. & Pol'y J. 519
abstract
full article
MORI V. JAPAN: THE NAGOYA HIGH COURT RECOGNIZES THE RIGHT TO LIVE IN PEACE
Translation by Hudson Hamilton
19 Pac. Rim L. & Pol'y J. 549
This piece is a translation of the Nagoya High Court's decision in Mori v. Japan, a case challenging the constitutionality of Japan's deployment of its Self-Defense Forces ("SDF") to the Middle East in connection with the United States-led occupation of Iraq.
The case turned on whether the right to live in peace is a "concrete right" [gutaiteki kenri], meaning a right that can be enforced in court. The plaintiffs argued that the Preamble, Article 9, and the individual rights provided in Chapter III of the Constitution together guarantee the right to live in peace. The government argued that the right to live in peace is merely an abstract concept, not an enforceable right, and therefore the plaintiffs lacked a legal interest in the lawsuit necessary to establish standing.
The Nagoya District Court held that the plaintiffs lacked standing and dismissed the case without addressing the constitutionality of the deployment under Article 9. However, the district court recognized a concrete aspect of the right to live in peace, reasoning that because peace is the foundation of all human rights making their enjoyment possible, the right to live in peace is enforceable when combined with other human rights provisions.
The Nagoya High Court affirmed the district court and dismissed the appeal on standing grounds, holding that the deployment did not infringe on appellants' right to live in peace. However, the high court stated in dicta that, in certain situations, the right to live in peace is a concrete right. The high court also stated that the integration of the SDF's air transport activities with the use of force by coalition forces in an international military conflict constituted the use of force by the SDF in violation of Article 9. The Nagoya High Court's finding of a violation of Article 9 was the first since the Sapporo District Court's decision in the Naganuma case thirty-five years before, and the first to be entered as a final judgment. The high court's recognition of the right to live in peace was also the first since Naganuma, breaking from a series of lower court decisions that dismissed the right to live in peace as merely an abstract concept. Less than a year later, the Okayama District Court followed the Nagoya High Court in recognizing the right to live in peace in a similar SDF Iraq Deployment case, and provided further detail regarding the right's substance. The Nagoya and Okayama decisions suggest the emergence (or revival) of a new human right in Japan: the right to live in peace.
full article
THE MISAPPLICATION OF LEUNG KWOK HUNG IN HONG KONG: AUTHORIZING THE RATIONALITY REQUIREMENT FOR TEXTUALLY ABSOLUTE RIGHTS
Albert Connor Buchman
19 Pac. Rim L. & Pol'y J. 565
abstract
full article
THE DISPLACED RESIDENTS' RIGHT TO RELOCATION ASSISTANCE: TOWARD AND EQUITABLE URBAN REDEVELOPMENT IN SOUTH KOREA
Jihye Kim
19 Pac. Rim L. & Pol'y J. 587
abstract
full article
CLIMATE REFUGEES REQUIRE RELOCATION ASSISTANCE: GUARANTEEING ADEQUATE LAND ASSETS THROUGH TREATIES BASED ON THE NATIONAL ADAPTATION OF PROGRAMMES OF ACTION
Holly D. Lange
19 Pac. Rim L. & Pol'y J. 613
abstract
full article
Volume 19
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Issue 2
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April 2010
Barricades and Checkered Flags: An Empirical Examination of the Perceptions of Roadblocks and Facilitators of Settlement Among Arbitration Practitioners in East Asia and the West.
Shahla F. Ali
19 Pac. Rim L. & Pol'y J. 243
abstract
full article
Islam, the State, and the Constitutional Court in Indonesia
Simon Butt
19 Pac. Rim L. & Pol'y J. 279
abstract
full article
Fee Simple Estate and Footholds in Fishing: The Australian High Court's Formalistic Interpretation of the Aboriginal Land Rights Act
Heather Ahlstrom Coldwell
19 Pac. Rim L. & Pol'y J. 303
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full article
Bank Privatization in Vietnam: Examining changes to Management in Vietnam's New Banking Law, Decree No. 59/2009/ND-CP
George B. Radics
19 Pac. Rim L. & Pol'y J. 331
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full article
Hong Kong's Discriminatory Air Time: Family Viewing Hours and the Case of Cho Man Kit v. Broadcasting Authority
Lauren E. Sancken
19 Pac. Rim L. & Pol'y J. 357
abstract
full article
Disproportionate Disenfranchisement of Aboriginal Prisoners: A Conflict of Law that Australia Should Address
Megan A. Winder
19 Pac. Rim L. & Pol'y J. 387
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full article
Volume 19
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Issue 1
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January 2010
Curbing Rent-Seeking and Inefficiency with Broad Takings Powers and Undercompensation: The Case of Singapore from a Givings Perspective
Jianlin Chen
19 Pac. Rim L. & Pol'y J. 1
abstract
full article
Why Did China Reform Its Death Penalty?
Kandis Scott
19 Pac. Rim L. & Pol'y J. 63
abstract
full article
Did Dr. Abe Sell His Soul? The Defamation Case in Japan's HIV-Tainted Blood Scandal
Kawakami v. Sakurai translated by Rebecca R. Carlson
19 Pac. Rim L. & Pol'y J. 81
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full article
Certain Opinions of the Central Committee of the Chinese Communist Party [and the] State Council on Promoting the Stable Development of Agriculture and Continuing to Increase Farmers' Income in 2009
Translated by Tobias Damm-Luhr
19 Pac. Rim L. & Pol'y J. 103
abstract
full article
A Current Review of Chinese Land-Use Law and Policy: A "Breakthrough" In Rural Reform?
Robin Dean and Tobias Damm-Luhr
19 Pac. Rim L. & Pol'y J. 121
abstract
full article
Balancing Security and Growth: Defining National Security Review of Foreign Investment in China
Eric Jensen
19 Pac. Rim L. & Pol'y J. 161
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full article
An Examination of the Philippines' Anti-Terror Law-Suaviter in Modo, Fortiter in Re
Brent H. Lyew
19 Pac. Rim L. & Pol'y J. 187
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full article
An Ill Wind: Air Pollution in the Pearl River Delta
Caitlin Morray
19 Pac. Rim L. & Pol'y J. 217
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full article