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  |  Issue 3  |  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

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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

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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  |  Issue 2  |  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

abstract   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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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

abstract   full article


Volume 19  |  Issue 1  |  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

abstract   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

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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

abstract   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

abstract   full article


An Ill Wind: Air Pollution in the Pearl River Delta

Caitlin Morray
19 Pac. Rim L. & Pol'y J. 217

abstract   full article


Digital archive link

Visit the Marian Gould Gallagher Law Library digital archives. for the complete collection of articles and abstracts for the Pacific Rim Law & Policy Journal

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