{"title":"当国内利益和规范破坏基于规则的秩序时:重新评估日本对国际法的态度","authors":"Patrick Hein","doi":"10.1177/20578911231168206","DOIUrl":null,"url":null,"abstract":"It has been widely acknowledged that Japan is a full and equal member of the international legal order as it stands, asserting its postwar identity as a responsible and law-abiding member of the international community. However, this essay argues that Japan's external compliance with a rules-based order and international legal norms is not reflected in corresponding domestic practices. The article provides a social constructivist grounded in-depth analysis of the various interests and constraints that have shaped Japan's domestic response to international legal norms. The selected five comparative case studies—Non-proliferation Treaty obligations, whaling policies, the detention and deportation of asylum seekers, the dumping of radioactive waters into the high seas off Fukushima and sovereignty claims over the Senkaku/Diaoyu islands—suggest that pragmatic nationalism and cultural norms undermine Japan's commitment to the rules-based order.","PeriodicalId":43694,"journal":{"name":"Asian Journal of Comparative Politics","volume":" ","pages":""},"PeriodicalIF":1.0000,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"When domestic interests and norms undermine the rules-based order: Reassessing Japan's attitude toward international law\",\"authors\":\"Patrick Hein\",\"doi\":\"10.1177/20578911231168206\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"It has been widely acknowledged that Japan is a full and equal member of the international legal order as it stands, asserting its postwar identity as a responsible and law-abiding member of the international community. However, this essay argues that Japan's external compliance with a rules-based order and international legal norms is not reflected in corresponding domestic practices. The article provides a social constructivist grounded in-depth analysis of the various interests and constraints that have shaped Japan's domestic response to international legal norms. The selected five comparative case studies—Non-proliferation Treaty obligations, whaling policies, the detention and deportation of asylum seekers, the dumping of radioactive waters into the high seas off Fukushima and sovereignty claims over the Senkaku/Diaoyu islands—suggest that pragmatic nationalism and cultural norms undermine Japan's commitment to the rules-based order.\",\"PeriodicalId\":43694,\"journal\":{\"name\":\"Asian Journal of Comparative Politics\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2023-04-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Comparative Politics\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1177/20578911231168206\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"POLITICAL SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Comparative Politics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/20578911231168206","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
When domestic interests and norms undermine the rules-based order: Reassessing Japan's attitude toward international law
It has been widely acknowledged that Japan is a full and equal member of the international legal order as it stands, asserting its postwar identity as a responsible and law-abiding member of the international community. However, this essay argues that Japan's external compliance with a rules-based order and international legal norms is not reflected in corresponding domestic practices. The article provides a social constructivist grounded in-depth analysis of the various interests and constraints that have shaped Japan's domestic response to international legal norms. The selected five comparative case studies—Non-proliferation Treaty obligations, whaling policies, the detention and deportation of asylum seekers, the dumping of radioactive waters into the high seas off Fukushima and sovereignty claims over the Senkaku/Diaoyu islands—suggest that pragmatic nationalism and cultural norms undermine Japan's commitment to the rules-based order.