Pacta sunt servanda - priority of international agreement over municipal law under Japanese Constitution - duty to consult under international agreement - effect on prior fisheries accord of changes in municipal law regarding territorial sea limits and straight baselines
Article Abstract:
A Japanese district court held in Japan v. Kim Sun-Ki that international law and agreements regarding fishery zones supercede Japanese domestic law. The court indicated that Japanese authorities can enforce only those rights stipulated in an international agreement, regardless of when the countries ratified the agreement. Sanctions contained in an agreement still apply against the country which seeks to unilaterally expand its rights to a fishery zone by law or action.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
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The decisions bridging the GATT 1947 and the WTO Agreement
Article Abstract:
A series of transitional decisions were needed to resolve the differences between the GATT 1947 trade treaty and the World Trade Organization Agreement of 1986. The decisions allowed the contracting countries to adhere to both old and new treaties or withdraw from old treaty regimes when appropriate. The decisions were specifically created to ease the transition period for the parties to the GATT 1947, Subsidies Code, and Anti-Dumping Code treaties.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
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