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학술논문법학연구2016.09 발행

Japan’s Long Journey toward the Exercise of Collective Self-defense at a Glance

Japan’s Long Journey toward the Exercise of Collective Self-defense at a Glance

김대순(연세대학교); 김민서(경북대학교)

26권 3호, 185~208쪽

초록

It is one of the basic principles of international law that states have the natural or inherent right to self-defense, individual or collective. Apparently, the debates within Japan look rather unique: the present cabinet headed by Prime Minister Abe is trying to legailze Japan’s exercise of collective self-defense. The traditional approach of Japan towards its self-defense since the end of World War II has been that when it comes to “collective” self-defense, it has the right thereto but cannot exercise it. Article 9 of its self-styled “Peace Constitution” lies in the heart of this approach. Prime Minister Abe is attempting to subvert the up-to-now interpretation of this Article under the pretext that now is the time for Japan to become a “normal state”. This paper surveys how and where the internal logic of Japan about its collective self-defense is moving.

Abstract

It is one of the basic principles of international law that states have the natural or inherent right to self-defense, individual or collective. Apparently, the debates within Japan look rather unique: the present cabinet headed by Prime Minister Abe is trying to legailze Japan’s exercise of collective self-defense. The traditional approach of Japan towards its self-defense since the end of World War II has been that when it comes to “collective” self-defense, it has the right thereto but cannot exercise it. Article 9 of its self-styled “Peace Constitution” lies in the heart of this approach. Prime Minister Abe is attempting to subvert the up-to-now interpretation of this Article under the pretext that now is the time for Japan to become a “normal state”. This paper surveys how and where the internal logic of Japan about its collective self-defense is moving.

발행기관:
법학연구원
분류:
기타법학

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