Abstract

The Japanese state has long promoted a view of itself, and the country, as ethnically homogeneous. Borrowing on critical race theory as developed in the United States, this paper first traces the numerous laws and policies that Japan has implemented to privilege ethnically Japanese people, and prejudice ethnic others. Next, the paper examines the role of international human rights law in challenging various edifices of the ethno-state, including amendments to legislation, and individual lawsuits. I conclude that international law has played a meaningful role in diversifying the protective ambit of Japanese law, but cannot provide all of the solutions that Japan needs.

Keywords

Japan, International Law, Ethnicity, Minority Rights, International Law in Domestic Courts

Publication Date

2011

Document Type

Article

Place of Original Publication

North Carolina Journal of International Law and Commercial Regulation

Publication Information

36 North Carolina Journal of International Law and Commercial Regulation 557 (2011).

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COinS Timothy Webster Faculty Bio