Japan v. Shigeru Sakata and Others.

Abstract

Treaties — Conclusion and operation of — Constitutional limitations — Constitutional provision renouncing war as “a sovereign right of the nation” — Whether such State retains right of self-defence — Constitutional validity of conclusion by such State of mutual security treaty — Constitution of Japan, Article 9 — Whether Security Treaty between United States of America and Japan consistent with Article 9 — Inherent right of individual and collective selfdefence — The law of Japan.

Treaties — Operation and enforcement of — Legislation to give effect to treaty — Constitutional validity of such legislation — Constitutional provision renouncing war as a sovereign right of the nation — Conclusion of mutual security treaty between that State and another State — Whether Treaty consistent with constitutional provision — Constitution of Japan, Article 9 — Security Treaty between United States of America and Japan — Special Criminal Law to implement Treaty — Provisions protecting United States Forces and property in Japan — The law of Japan.

Treaties — Special kinds of — Treaties of alliance and security — Security Treaty between Japan and United States of America — Whether compatible with renunciation by Japan of right of war — Constitution of Japan, Article 9 — Whether Japan retains right of individual and collective self-defence — The law of Japan.

States as international persons — Demilitarization — Effect of constitutional provision renouncing war as a “sovereign right of the nation” — Whether State retains right of self-defence — Nature of right of self-defence — Constitutional validity of conclusion by such State of mutual security treaty — Constitution of Japan, Article 9 — Whether Security Treaty between United States of America and Japan consistent with Article 9 — Inherent right of individual and collective self-defence — Legality of stationing of United States forces in Japan — The law of Japan.