Globalization of Domestic Legislation in Japan: Beyond “Reception of Law” and Self-Executing Treaty

Abstract

No legal system is free from the influence of globalization. As for Japanese law, its modern history started by the reception of European continental legal system as “mother law” in the late 19th Century. It was a typical “Reception of law” and could be deemed as the most traditional style of “globalization of law” or “global impact on local legislation.” However, “globalization of law” is a developing concept. At least, we can find two other styles of “globalization of law.” The second concept comes from international law, especially international treaties. Although all sovereign states have the authority to conclude treaties, once a treaty is concluded, it bounds the party state and its legal system. Therefore, some local law or legislations are bound by or influenced under international law. These local laws could be seen as globalized laws. Thirdly, as we are now in the era of the “global economy,” we are able to see, and need to see other kinds of “globalization of law” or global impacts on the local legal system which is under development. Today, each legal system is influenced not only from “mother law” but from many other norms, e.g., law of neighbor jurisdiction, international law, and business customs used in the “global market.” The meaning of influence or impact is developing as well. For example, under the traditional theory of law, law of other jurisdictions has no meaning to interpret a local law except “conflict of law” issues. But, along with the expansion of the global economy, laws of other jurisdictions are developing strong influences on the interpretation, legislation or enforcement of local law. In this paper, the author tries to show examples of these three types of “globalization of law” describing their current situation, focusing on cases and legislations related to human rights as well as the Constitution. By analyzing some recent cases of the Supreme Court of Japan and the following legislations, I will conclude that we are at the starting point of the “globalization of local law” in the third meaning.