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South Korea to continue ban on seafood from Fukushima

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South Korea to continue ban on seafood from Fukushima

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International relations

Trade and historical matters are complicating efforts to heal bilateral ties

STEVEN BOROWIEC, Nikkei staff writer

SEOUL -- South Korea announced it will maintain a ban on imports of seafood from Japan's Fukushima Prefecture, in the latest of a series of hiccups that have arisen since a historic summit in Tokyo two weeks ago.

South Korea has for the past decade banned imports of food from the area due to concerns over food safety and fears of radiation contamination following the 2011 nuclear disaster.

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South Korea to continue ban on seafood from Fukushima

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Arrow Title Chevron Title Chevron Icon Mail Contact Path Layer Positive Arrow International relations Trade and historical matters are complicating efforts to heal bilateral ties STEVEN BOROWIEC, Nikkei staff writer SEOUL -- South Korea announced it will maintain a ban on imports of seafood from Japan's Fukushima Prefecture, in the latest of a series of hiccups that have arisen since a historic summit in Tokyo two weeks ago.

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TEPCO to release Fukushima wastewater 1 km offshore

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TEPCO to release Fukushima wastewater 1 km offshore

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Environment

Pipeline will carry treated material away from coast, far from human eyes

TOMOHIRO EBUCHI, Nikkei staff writer

TOKYO -- The Japanese operator of the Fukushima Daiichi nuclear plant has decided to release treated wastewater from the ruined facility in an area roughly 1 km offshore from the site, Nikkei has learned.

Tokyo Electric Power Co. Holdings will announce the decision Wednesday. The company, also known as TEPCO, is expected to present the plan to Japan's Nuclear Regulation Authority next month for review. But Fukushima Prefecture fishers remain strongly opposed to the discharge, slated to begin in spring 2023.

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TEPCO to release Fukushima wastewater 1 km offshore

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Arrow Title Chevron Title Chevron Icon Mail Contact Path Layer Positive Arrow Environment Pipeline will carry treated material away from coast, far from human eyes TOMOHIRO EBUCHI, Nikkei staff writer TOKYO -- The Japanese operator of the Fukushima Daiichi nuclear plant has decided to release treated wastewater from the ruined facility in an area roughly 1 km offshore from the site, Nikkei has learned.

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Japan has learned how to deflect Western pressure to 'shared values'

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Japan has learned how to deflect Western pressure to 'shared values'

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Opinion

Demands for affirmation of LGBT rights ahead of G-7 summit are misplaced

Stephen Givens

Stephen Givens is a corporate lawyer and an adjunct professor at Keio University Law School in Tokyo.
In a live video shared with her 8.6 million Instagram followers during a congressional visit to Japan last month, U.S. Representative Alexandria Ocasio-Cortez, widely known as AOC, joined a chorus of foreigners who have been urging Japan to pass LGBT anti-discrimination legislation ahead of the Group of Seven summit to be held in Hiroshima in May.

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Japan has learned how to deflect Western pressure to 'share values'

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Arrow Title Chevron Title Chevron Icon Mail Contact Path Layer Positive Arrow Opinion Demands for affirmation of LGBT rights ahead of G-7 summit are misplaced Stephen Givens Stephen Givens is a corporate lawyer and an adjunct professor at Keio University Law School in Tokyo.

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What makes an effective leader? This question is a focus of my research as an organizational scientist, executive coach, and leadership development consultant. Looking for answers, I recently completed the first round of a study of 195 leaders in 15 countries over 30 global organizations. Participants were asked to choose the 15 most important leadership competencies from a list of 74. I've grouped the top ones into five major themes that suggest a set of priorities for leaders and leadership development programs. While some may not surprise you, they're all difficult to master, in part because improving them requires acting against our nature.

Demonstrates strong ethics and provides a sense of safety.

This theme combines two of the three most highly rated attributes: "high ethical and moral standards" (67% selected it as one of the most important) and "communicating clear expectations" (56%).

Taken together, these attributes are all about creating a safe and trusting environment. A leader with high ethical standards conveys a commitment to fairness, instilling confidence that both they and their employees will honor the rules of the game. Similarly, when leaders clearly communicate their expectations, they avoid blindsiding people and ensure that everyone is on the same page. In a safe environment employees can relax, invoking the brain's higher capacity for social engagement, innovation, creativity, and ambition.

Neuroscience corroborates this point. When the amygdala registers a threat to our safety, arteries harden and thicken to handle an increased blood flow to our limbs in preparation for a fight-or-flight response. In this state, we lose access to the social engagement system of the limbic brain and the executive function of the prefrontal cortex, inhibiting creativity and the drive for excellence. From a neuroscience perspective, making sure that people feel safe on a deep level should be job #1 for leaders.

But how? This competency is all about behaving in a way that is consistent with your values. If you find yourself making decisions that feel at odds with your principles or justifying actions in spite of a nagging sense of discomfort, you probably need to reconnect with your core values. I facilitate a simple exercise with my clients called "Deep Fast Forwarding" to help with this. Envision your funeral and what people say about you in a eulogy. Is it what you want to hear? This exercise will give you a clearer sense of what's important to you, which will then help guide daily decision making.

To increase feelings of safety, work on communicating with the specific intent of making people feel safe. One way to accomplish this is to acknowledge and neutralize feared results or consequences from the outset. I call this "clearing the air." For example, you might approach a conversation about a project gone wrong by saying, "I'm not trying to blame you. I just want to understand what happened."

Empowers others to self-organize.

Providing clear direction while allowing employees to organize their own time and work was identified as the next most important leadership competency.

No leader can do everything themselves. Therefore, it's critical to distribute power throughout the organization and to rely on decision making from those who are closest to the action.

Research has repeatedly shown that empowered teams are more productive and proactive, provide better customer service, and show higher levels of job satisfaction and commitment to their team and organization. And yet many leaders struggle to let people self-organize. They resist because they believe that power is a zero-sum game, they are reluctant to allow others to make mistakes, and they fear facing negative consequences from subordinates' decisions.

To overcome the fear of relinquishing power, start by increasing awareness of physical tension that arises when you feel your position is being challenged. As discussed above, perceived threats activate a fight, flight, or freeze response in the amygdala. The good news is that we can train our bodies to experience relaxation instead of defensiveness when stress runs high. Try to separate the current situation from the past, share the outcome you fear most with others instead of trying to hold on to control, and remember that giving power up is a great way to increase influence - which builds power over time.

Fosters a sense of connection and belonging.

Leaders who "communicate often and openly" (competency #6) and "create a feeling of succeeding and failing together as a pack" (#8) build a strong foundation for connection.

We are a social species - we want to connect and feel a sense of belonging. From an evolutionary perspective, attachment is important because it improves our chances of survival in a world full of predators. Research suggests that a sense of connection could also impact productivity and emotional well-being. For example, scientists have found that emotions are contagious in the workplace: Employees feel emotionally depleted just by watching unpleasant interactions between coworkers.

From a neuroscience perspective, creating connection is a leader's second most important job. Once we feel safe (a sensation that is registered in the reptilian brain), we also have to feel cared for (which activates the limbic brain) in order to unleash the full potential of our higher functioning prefrontal cortex.

There are some simple ways to promote belonging among employees: Smile at people, call them by name, and remember their interests and family members' names. Pay focused attention when speaking to them, and clearly set the tone of the members of your team having each other's backs. Using a song, motto, symbol, chant, or ritual that uniquely identifies your team can also strengthen this sense of connection.

Shows openness to new ideas and fosters organizational learning.

What do "flexibility to change opinions" (competency #4), "being open to new ideas and approaches" (#7), and "provides safety for trial and error" (#10) have in common? If a leader has these strengths, they encourage learning; if they don't, they risk stifling it.

Admitting we're wrong isn't easy. Once again, the negative effects of stress on brain function are partly to blame - in this case they impede learning. Researchers have found that reduced blood flow to our brains under threat reduces peripheral vision, ostensibly so we can deal with the immediate danger. For instance, they have observed a significant reduction in athletes' peripheral vision before competition. While tunnel vision helps athletes focus, it closes the rest of us off to new ideas and approaches. Our opinions are more inflexible even when we're presented with contradicting evidence, which makes learning almost impossible.

To encourage learning among employees, leaders must first ensure that they are open to learning (and changing course) themselves. Try to approach problem-solving discussions without a specific agenda or outcome. Withhold judgment until everyone has spoken, and let people know that all ideas will be considered. A greater diversity of ideas will emerge.

Failure is required for learning, but our relentless pursuit of results can also discourage employees from taking chances. To resolve this conflict, leaders must create a culture that supports risk-taking. One way of doing this is to use controlled experiments - think A/B testing - that allow for small failures and require rapid feedback and correction. This provides a platform for building collective intelligence so that employees learn from each other's mistakes, too.

Nurtures growth.

"Being committed to my ongoing training" (competency #5) and "helping me grow into a next-generation leader" (#9) make up the final category.

All living organisms have an innate need to leave copies of their genes. They maximize their offspring's chances of success by nurturing and teaching them. In turn, those on the receiving end feel a sense of gratitude and loyalty. Think of the people to whom you're most grateful - parents, teachers, friends, mentors. Chances are, they've cared for you or taught you something important.

When leaders show a commitment to our growth, the same primal emotions are tapped. Employees are motivated to reciprocate, expressing their gratitude or loyalty by going the extra mile. While managing through fear generates stress, which impairs higher brain function, the quality of work is vastly different when we are compelled by appreciation. If you want to inspire the best from your team, advocate for them, support their training and promotion, and go to bat to sponsor their important projects.

These five areas present significant challenges to leaders due to the natural responses that are hardwired into us. But with deep self-reflection and a shift in perspective (perhaps aided by a coach), there are also enormous opportunities for improving everyone's performance by focusing on our own.

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The Most Important Leadership Competencies, According to Leaders Around the World

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Research over the past few decades has shown us that the most important leadership qualities are centered around soft skills and emotional intelligence. But do these skills point to deeper competencies?

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Russia's invasion of Ukraine has led to a new round of predictions that the end of globalization is nigh, much like we saw at the beginning of the Covid-19 pandemic. However, global cross-border flows have rebounded strongly since the early part of the pandemic. In our view, the war will likely reduce many types of international business activity and cause some shifts in their geography, but it will not lead to a collapse of international flows.

To understand why - and to help you think through consequences for your company - it's essential to start with a baseline of how global flows were trending before the war. The DHL Global Connectedness Index, which our team develops at the NYU Stern Center for the Future of Management, measures globalization based on international flows of trade, capital, information, and people. We look here at the latest trends across those four categories of flows - and consider early signals of how the war might alter their trajectories moving forward.

1. Trade Flows

After plummeting at the onset of the pandemic, world trade in goods bounced back to above pre-pandemic levels before the end of 2020, and was setting new records by early 2021. The main reason trade roared back so decisively, despite disruptions to global supply chains, was a surge in demand for traded goods.

In the U.S., real personal consumption of physical goods rose 17% from 2019 to 2021. The last time U.S. purchases of physical goods grew so quickly was during the recovery from World War II. In contrast, consumer spending on services (many of which require in-person contact and are less tradable than goods) was down 2% over the last two years. Until 2020, there had never been a year when U.S. spending on goods rose while spending on services declined (according to data going all the way back to 1929).

Surging demand for goods could only translate into more trade and more consumption to the extent that supply could rise to fulfill it. Supply did expand, but it was constrained both by normal limits on how quickly capacity can be increased and by the unique circumstances of the pandemic, including large shifts in which products were in demand, sudden plant and port closures, labor shortages, and shipping delays. Without supply constraints, global trade in goods might have grown several percentage points more than it actually did in 2021.

The war in Ukraine is exacerbating supply constraints and boosting inflation. The consequences are especially severe for food and fuels, key exports from Russia and Ukraine. Countries are racing to reduce their reliance on essential imports from geopolitical rivals, but a wider retreat from international trade - which would further increase inflation - is unlikely. Several countries are actually cutting tariffs to combat inflation. The imperative to preserve cooperation with allied countries should also reduce the risk of a wider spiral of escalating protectionism.

Before the war, trade was expected to grow strongly in 2022 and 2023. The amount of goods traded (world trade volume) is still likely to expand this year, but at a slower pace than previously forecast - not only because of the war but also because of Covid-19 outbreaks in Asia. If demand shifts back from goods to services, that would also reduce trade growth. Meanwhile, expect faster growth in the dollar value of world trade, which is boosted by high commodity prices. Japan's latest imports data illustrate this pattern: The country imported less in February 2022, but the cost of its imports rose sharply.

2. Capital Flows

Much like trade, international capital flows also plummeted at the beginning of the pandemic, and they have also recovered. In 2020, foreign direct investment (FDI) flows (which reflect companies buying, building, or reinvesting in operations abroad) fell below $1 trillion for the first time since 2005. Record levels of economic uncertainty, unsurprisingly, prompted firms to hold off on committing to new investments.

FDI surged back to above its pre-pandemic level in 2021, and the UN Conference on Trade and Development reported a positive outlook for FDI growth as of January 2022. However, international investment in new manufacturing capacity remained weak, signaling ongoing doubts about future prospects for global value chains.

The war in Ukraine has prompted the withdrawal of more than 400 foreign firms from Russia, although this has not yet resulted in a wave of actual divestments of assets, which would reduce FDI. Since Russia hosts only 1% of the world's inward FDI stocks, the main effects of the war on international corporate investment are likely to result from its negative macroeconomic consequences. The war could cut global GDP growth over the next year by more than one percentage point, and FDI tends to suffer during periods of slower growth, as companies focus on defending their current markets rather than expanding into new ones.

Portfolio investment constitutes another important part of international capital flows. It links financial markets but (unlike FDI) does not involve control over foreign business entities. Portfolio flows plummeted and recovered even faster than FDI at the beginning of the pandemic. But the war in Ukraine has caused a predictable - but still modest - pullback of portfolio investment from emerging markets.

3. Information Flows

International data flows surged as the pandemic sent in-person interactions online. The annual growth rate of international internet traffic roughly doubled in 2020. But that was just a one-time spike. International data flows are still growing, but they grew more slowly in 2021 than in 2019.

That fits with a broader pattern of slowing growth across other information flow measures. The growth of international scientific collaboration (as measured by the proportion of scholarly articles with co-authors in different countries) and international voice call minutes has slowed, and international payments for the use of intellectual property declined in 2020.

Looking forward, the globalization of information flows is clouded with an especially high level of uncertainty. Major economies are adopting very different approaches to regulating international data flows, with the potential to add substantial frictions. And as international data flows surged during the pandemic, so did cybersecurity threats. Cybercrime complaints to the U.S. FBI roughly doubled from 2019 to 2021. The war in Ukraine further increases cybersecurity risks, and it has also led to new restrictions on international information flows via social media platforms, with access to Facebook, Twitter, and Instagram blocked or limited in Russia.

4. People Flows

International flows of people have been restricted severely during the Covid-19 pandemic, due to their potential to transmit the virus and its variants. The number of people traveling to foreign countries fell 73% in 2020 and was still down 71% versus pre-pandemic levels in 2021. The pandemic reversed three decades of growth of international travel, and the war will slow the recovery, especially in Europe.

Beyond impacts on the tourism industry and tourism-dependent economies, the main challenge these trends have posed for companies has involved restrictions on business travel. Business travel normally plays important roles in both the internal management of multinational firms and the development of their external business relationships. Without travel restrictions, the trade and FDI recoveries might have been even stronger. Business travel is not expected to recover fully until 2025, so managers will need to continue devoting substantial attention to nurturing internal and external relationships from a distance.

Looking beyond travel, the pandemic slowed but did not reverse the growth of international migration. The number of people living outside their birth countries increased by about two million in 2020, but that was 27% less growth than the UN projected before the pandemic. The war has caused a spike in people moving across national borders involuntarily, with more than three million refugees escaping from Ukraine during just the first three weeks of military action (the largest refugee crisis in Europe since World War II).

What to Watch For

The trends we have looked at thus far highlight the resilience of global connectedness during the pandemic. Record levels of international trade and strong rebounds for most other types of international activity hardly endorse the idea that the war in Ukraine might be the last straw for an era of globalization already hobbled by the pandemic, the U.S.-China trade war, and the UK's exit from the EU. The war does imply a setback for the growth of international flows, but nothing close to a retreat to a world of self-contained national economies.

Could the war, nonetheless, have a large effect on the geography of international flows? Yes, but the pivotal country to watch in this context will be China, not Russia. To gain some perspective, consider how much of the world's trade - and other flows - takes place between countries on different sides of the current conflict.

On March 2, 2022, the United Nations General Assembly voted on a resolution condemning the invasion and demanding the withdrawal of Russian troops from Ukraine. The 141 countries that voted in favor of the resolution (plus Taiwan, which is not a UN member but has aligned with the countries voting in favor) conducted 61% of world merchandise trade among themselves in 2020, and 70% of the world's combined trade, capital, information, and people flows took place within this group of countries. The high proportion of international flows among this set of countries, which includes the U.S., EU, Japan, and South Korea, suggests some limits on the extent to which this conflict itself could reshape the geography of globalization.

Of the 39% of world trade that was not between countries that voted for the UN resolution condemning the invasion, the majority was with China:

23% of world trade was between China and countries that voted for the resolution

2% was between Russia and countries that voted for the resolution

9% was between other countries that did not vote for the resolution (such as India and Vietnam) and countries that did vote for the resolution

Just 5% was among countries that did not vote for the resolution (including trade between China, Russia, India, and all others in that category)

Looking at globalization more broadly - based on trade, capital, information, and people flows - the patterns are fairly similar, with China dominating the flows among countries that did not support the UN resolution. (The same message also comes through, though to a lesser extent, if countries are classified based on sanctions policies rather than their UN votes.)

These data highlight China's pivotal role in the extent to which the geography of globalization will shift moving forward. Relations between China and its geopolitical rivals have been deteriorating for several years, and the war is likely to accelerate that trend. Two key developments to watch are 1) how far the decoupling trend broadens beyond the strategic technology sectors where it is already apparent and 2) whether it continues to advance gradually or if a crisis causes a sudden break. The gradual scenario is still much more likely, but the war in Ukraine provides a vivid illustration of how quickly individual countries can disconnect in the face of extreme threats.

. . .

As companies contemplate adjustments to their global strategies, it is important to recognize how much continuity there still is even in a period of wrenching change. The idea of a world where economic efficiency alone drives patterns of international flows was always a myth. Globalization has always been an uneven process, with cross-country differences and international conflicts significantly dampening international flows. That's a big part of why - even before the present crisis - only about 20% of global economic output ended up in a different country from where it was produced.

The growth and geographic reach of international flows can rise and fall over time, but the fundamental drivers of success in global strategy remain unchanged. The similarities and differences between countries define the landscape for international value creation, and the task of the global strategist is to navigate the opportunities and threats presented by both the bridges and the barriers between markets. As the landscape shifts, global strategies must be updated, but managers should avoid the costly overreactions that tend to follow major shocks to globalization.

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As companies contemplate adjustments to their global strategies, it is important to recognize how much continuity there still is even in a period of wrenching change. The idea of a world where economic efficiency alone drives patterns of international flows was always a myth.

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Textbook: An Introduction to the Policy Process

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Textbook: An Introduction to the Policy Process

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中央大学Web Single Sign On System（SSO）とは、SSO連携しているシステムであれば一度の認証で異なるシステムやアプリケーションを利用することができるシステムです。
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中央大学Web Single Sign On System（SSO）とは、SSO連携しているシステムであれば一度の認証で異なるシステムやアプリケーションを利用することができるシステムです。 詳細はこちら 中央大学 統合認証ID、パスワードを用いて認証します。入力後、ユーザ情報送信の許可を求めるページが表示されますのでご確認ください。 ログインには統合認証ID、パスワードをお使いください。 ...

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Japan to make big companies report gender pay gaps

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Japan to make big companies report gender pay gaps

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TAKASHI TSUJI, Nikkei staff writer

TOKYO -- Japan plans to start requiring large companies to disclose their gender wage gaps as early as this year as part of efforts to address systemic disparities in the workplace.

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Japan to make big companies report gender pay gaps

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TAKASHI TSUJI, Nikkei staff writer TOKYO -- Japan plans to start requiring large companies to disclose their gender wage gaps as early as this year as part of efforts to address systemic disparities in the workplace.

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Japan weighs new corporate structure to amplify public interest

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Japan weighs new corporate structure to amplify public interest

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'New capitalism' pillar would lessen sway of shareholders out for quick profits

TOKYO -- The Japanese government is moving toward establishing a new corporate structure meant to solve environmental problems, poverty and other social issues, Nikkei has learned.

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Japan weighs new corporate structure to amplify public interest

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'New capitalism' pillar would lessen sway of shareholders out for quick profits TOKYO -- The Japanese government is moving toward establishing a new corporate structure meant to solve environmental problems, poverty and other social issues, Nikkei has learned.

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The influence of policy | Amy Hanauer | TEDxSHHS

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[Public Policy] Why the decision to release treated...

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[Public Policy] Why the decision to release treated...

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JUNYA IWAI and TOMOHIRO EBUCHI, Nikkei staff writers

TOKYO -- Japan's cabinet and government officials on Tuesday decided to release treated wastewater into the ocean from the Fukushima Daiichi nuclear plant at a meeting to discuss the decommissioning of the crippled facility.

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Why the decision to release treated Fukushima water took a decade

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JUNYA IWAI and TOMOHIRO EBUCHI, Nikkei staff writers TOKYO -- Japan's cabinet and government officials on Tuesday decided to release treated wastewater into the ocean from the Fukushima Daiichi nuclear plant at a meeting to discuss the decommissioning of the crippled facility.

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How a bill becomes a law | US government and civics | US government and civics | Khan Academy

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The top court on Wednesday again ruled that legal provisions forcing married couples to use the same surname are constitutional, upholding a Supreme Court judgment from 2015.

The latest decision on a more than century-old provision based on the Civil Code and the family register law dismissed requests filed by three couples in 2018 to keep their separate surnames after local governments refused to accept their marriage registrations.

The decision handed down by presiding Justice Naoto Otani at the Supreme Court's Grand Bench, composed of all 15 justices, came at a time when families have become more diverse and public opinion on surname sharing has shifted in Japan.

The ruling said the top court has "found no points that should be changed from the decision in 2015, even as it takes into account the changes in the society and awareness of people."

Among the 15 justices, four said prohibiting separate surnames was unconstitutional, compared with five who expressed the same view in the 2015 ruling.

The latest decision again said the surname issue is a matter that should be discussed in the Diet rather than in the courts.

Japan is the only country in the world known to have a law forcing married couples to share a surname, according to the Justice Ministry. The United Nations Committee for the Elimination of Discrimination against Women has also recommended that Japan change the system.

The three couples, all in common-law relationships, had appealed to the Supreme Court after the Tokyo Family Court and its Tachikawa branch dismissed their requests to legally marry while keeping their separate surnames in 2019. The Tokyo High Court turned down their appeals in 2020.

Article 750 of the Civil Code stipulates "a husband and wife shall adopt the surname of the husband or wife in accordance with that which is decided at the time of marriage." The provision applies only to Japanese couples as foreigners married under the country's system are able to keep their family names.

Critics say the provision originating from the 1898 Civil Code reflects the traditional concept of marriage as an arrangement involving families rather than individuals. Usually, a woman left her family to become part of her husband's family.

As of 2015, 96% of married couples in Japan used the husband's surname, according to government data.

The family register law stipulates a couple must determine a shared surname to have their marriage registration accepted.

The 2015 top court ruling said the practice of using the same surname was "well-established in society" and there is no gender inequality in the system. But among 15 justices, five, including all three women, said prohibiting separate surnames was unconstitutional, citing the disadvantages involved in changing a name.

The court acknowledged individuals who change their surnames, in most cases women, could "feel their identities lost" and face other disadvantages in terms of social credibility, but said people are not forbidden to go by their maiden names in the current system.

Many companies and public offices in Japan now allow female employees to retain their maiden names at work. The government has been slowly expanding the scope of official documents used for identification that show maiden names in addition to registered surnames.

The 2015 ruling also said the same surname issue is a matter that should be discussed in parliament, rather than seeking a judicial settlement.

Discussions in parliament, however, have not progressed much as members of the ruling Liberal Democratic Party are sharply divided over the issue.

Conservatives who seek to maintain traditional values are opposed to allowing couples to choose separate surnames, arguing the move may have an impact on family unity as well as children. Both those against and in favor of the change have formed groups to push the discussions further.

But the party's working group set up earlier this year to seek common ground gave up last week on drafting a specific proposal ahead of a House of Representatives election to be held later this year.

Jun Azumi, the Diet affairs chief of the main opposition Constitutional Democratic Party of Japan, called the top court decision "outdated" and told reporters that his party will promise voters during the next Lower House election to "respond to the matter in a manner fitting with the times."

In December, the government failed to include a commitment to allowing different surnames in its basic gender equality promotion policy following fierce opposition by conservative LDP members.

A Kyodo News survey conducted in March and April showed a total of 60% of respondents in Japan said married couples should be able to have separate surnames, while 38% said they are against the idea.

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Japan's top court says forcing couples to share surname is constitutional

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The top court on Wednesday again ruled that legal provisions forcing married couples to use the same surname are constitutional, upholding a Supreme Court judgment from 2015. The latest decision on a more than century-old provision based on the Civil Code and the family register law dismissed requests filed by three couples in 2018 to keep their separate surnames after local governments refused to accept their marriage registrations.

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Promulgated on November 3, 1946
Came into effect on May 3, 1947

We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws, ordinances, and rescripts in conflict herewith.

We, the Japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world. We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want.

We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.

We, the Japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources.

THE EMPEROR
Article 1. The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power.

Article 2. The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.

Article 3. The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor.

Article 4. The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.
The Emperor may delegate the performance of his acts in matters of state as may be provided by law.

Article 5. When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable.

Article 6. The Emperor shall appoint the Prime Minister as designated by the Diet.
The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet.

Article 7. The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:

Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
Convocation of the Diet.
Dissolution of the House of Representatives.
Proclamation of general election of members of the Diet.
Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
Awarding of honors.
Attestation of instruments of ratification and other diplomatic documents as provided for by law.
Receiving foreign ambassadors and ministers.
Performance of ceremonial functions.

Article 8. No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Diet.

CHAPTER II

RENUNCIATION OF WAR

Article 9. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.

CHAPTER III

RIGHTS AND DUTIES OF THE PEOPLE

Article 10. The conditions necessary for being a Japanese national shall be determined by law.

Article 11. The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.

Article 12. The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.

Article 13. All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.

Article 14. All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
Peers and peerage shall not be recognized.
No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.

Article 15. The people have the inalienable right to choose their public officials and to dismiss them.
All public officials are servants of the whole community and not of any group thereof.
Universal adult suffrage is guaranteed with regard to the election of public officials.
In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.

Article 16. Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.

Article 17. Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.

Article 18. No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.

Article 19. Freedom of thought and conscience shall not be violated.

Article 21. Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

Article 22. Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare.
Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.

Article 23. Academic freedom is guaranteed.

Article 24. Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.

Article 25. All people shall have the right to maintain the minimum standards of wholesome and cultured living.
In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.

Article 26. All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.

Article 28. The right of workers to organize and to bargain and act collectively is guaranteed.

Article 30. The people shall be liable to taxation as provided by law.

Article 31. No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.

Article 32. No person shall be denied the right of access to the courts.

Article 33. No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.

Article 34. No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.

Article 35. The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by Article 33.
Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.

Article 36. The infliction of torture by any public officer and cruel punishments are absolutely forbidden.

Article 39. No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.

Article 40. Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law.

CHAPTER IV

THE DIET

Article 41. The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.

Article 42. The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.

Article 43. Both Houses shall consist of elected members, representative of all the people.
The number of the members of each House shall be fixed by law.

Article 44. The qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income.

Article 45. The term of office of members of the House of Representatives shall be four years. However, the term shall be terminated before the full term is up in case the House of Representatives is dissolved.

Article 46. The term of office of members of the House of Councillors shall be six years, and election for half the members shall take place every three years.

Article 47. Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law.

Article 48. No person shall be permitted to be a member of both Houses simultaneously.

Article 49. Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.

Article 50. Except in cases provided by law, members of both Houses shall be exempt from apprehension while the Diet is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the House.

Article 51. Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.

Article 52. An ordinary session of the Diet shall be convoked once per year.

Article 53. The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation.

Article 55. Each House shall judge disputes related to qualifications of its members. However, in order to deny a seat to any member, it is necessary to pass a resolution by a majority of two-thirds or more of the members present.

Article 56. Business cannot be transacted in either House unless one-third or more of total membership is present.
All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the presiding officer shall decide the issue.

Article 58. Each House shall select its own president and other officials.
Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.

Article 59. A bill becomes a law on passage by both Houses, except as otherwise provided by the Constitution.
A bill which is passed by the House of Representatives, and upon which the House of Councillors makes a decision different from that of the House of Representatives, becomes a law when passed a second time by the House of Representatives by a majority of two-thirds or more of the members present.
The provision of the preceding paragraph does not preclude the House of Representatives from calling for the meeting of a joint committee of both Houses, provided for by law.
Failure by the House of Councillors to take final action within sixty (60) days after receipt of a bill passed by the House of Representatives, time in recess excepted, may be determined by the House of Representatives to constitute a rejection of the said bill by the House of Councillors.

Article 60. The budget must first be submitted to the House of Representatives.
Upon consideration of the budget, when the House of Councillors makes a decision different from that of the House of Representatives, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the House of Councillors to take final action within thirty (30) days, the period of recess excluded, after the receipt of the budget passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet.

Article 61. The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.

Article 62. Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.

Article 63. The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations.

Article 64. The Diet shall set up an impeachment court from among the members of both Houses for the purpose of trying those judges against whom removal proceedings have been instituted.
Matters relating to impeachment shall be provided by law.

CHAPTER V

THE CABINET

Article 65. Executive power shall be vested in the Cabinet.

Article 67. The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business.
If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.

Article 68. The Prime Minister shall appoint the Ministers of State. However, a majority of their number must be chosen from among the members of the Diet.
The Prime Minister may remove the Ministers of State as he chooses.

Article 69. If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.

Article 70. When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after a general election of members of the House of Representatives, the Cabinet shall resign en masse.

Article 71. In the cases mentioned in the two preceding articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.

Article 72. The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.

Article 73. The Cabinet, in addition to other general administrative functions, shall perform the following functions:
Administer the law faithfully; conduct affairs of state.
Manage foreign affairs.
Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
Administer the civil service, in accordance with standards established by law.
Prepare the budget, and present it to the Diet.
Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

Article 74. All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.

Article 75. The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.

CHAPTER VI

JUDICIARY

Article 76. The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.

Article 78. Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency.

Article 79. The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Cabinet.
The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten (10) years, and in the same manner thereafter.
In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed.
Matters pertaining to review shall be prescribed by law.
The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.

Article 80. The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
The judges of the inferior courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.

Article 81. The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.

Article 82. Trials shall be conducted and judgment declared publicly.
Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly.

CHAPTER VII

FINANCE

Article 83. The power to administer national finances shall be exercised as the Diet shall determine.

Article 84. No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.

Article 85. No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.

Article 86. The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year.

Article 87. In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund.

Article 88. All property of the Imperial Household shall belong to the State. All expenses of the Imperial Household shall be appropriated by the Diet in the budget.

Article 89. No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprises not under the control of public authority.

Article 90. Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted by the Cabinet to the Diet, together with the statement of audit, during the fiscal year immediately following the period covered.
The organization and competency of the Board of Audit shall be determined by law.

Article 91. At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances.

CHAPTER VIII

LOCAL SELF-GOVERNMENT

Article 92. Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.

Article 93. The local public entities shall establish assemblies as their deliberative organs, in accordance with law.
The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities.

Article 94. Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law.

Article 95. A special law, applicable only to one local public entity, cannot be enacted by the Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.

CHAPTER IX

AMENDMENTS

Article 96. Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.
Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.

CHAPTER X

SUPREME LAW

Article 97. The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.

Article 98. This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.
The treaties concluded by Japan and established laws of nations shall be faithfully observed.

Article 99. The Emperor or the Regent as well as Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.

CHAPTER XI

SUPPLEMENTARY PROVISIONS

Article 100. This Constitution shall be enforced as from the day when the period of six months will have elapsed counting from the day of its promulgation.
The enactment of laws necessary for the enforcement of this Constitution, the election of members of the House of Councillors and the procedure for the convocation of the Diet and other preparatory procedures necessary for the enforcement of this Constitution may be executed before the day prescribed in the preceding paragraph.

Article 101. If the House of Councillors is not constituted before the effective date of this Constitution, the House of Representatives shall function as the Diet until such time as the House of Councillors shall be constituted.

Article 102. The term of office for half the members of the House of Councillors serving in the first term under this Constitution shall be three years. Members falling under this category shall be determined in accordance with law.

Article 103. The Ministers of State, members of the House of Representatives and judges in office on the effective date of this Constitution, and all other public officials who occupy positions corresponding to such positions as are recognized by this Constitution shall not forfeit their positions automatically on account of the enforcement of this Constitution unless otherwise specified by law. When, however, successors are elected or appointed under the provisions of this Constitution, they shall forfeit their positions as a matter of course.

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Promulgated on November 3, 1946
Came into effect on May 3, 1947

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Tokyo court rules COVID business order illegal, but dismisses compensation | NHK WORLD-JAPAN News

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Tokyo court rules COVID business order illegal

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The Tokyo District Court has ruled that the Tokyo Metropolitan Government had no need to order a restaurant chain to shorten business hours to curb the spread of the coronavirus.

But it dismissed a compensation claim by the firm, saying it was not the local government's fault.

The metropolitan government issued the order in March 2021 based on special legislation that allows tougher anti-virus measures.

It argued that the restaurant chain operator Global-Dining was raising infection risks by refusing to comply with its request to close the outlets at 8 p.m. A coronavirus state of emergency was in place in the capital at that time.

The operator filed a compensation suit against the government, arguing that the legislation and the order based on it violate the constitutional guarantees of freedom of business and equality under the law.

Presiding judge Matsuda Norihiro said the plaintiff's restaurants had anti-virus measures in place, and that operating at night didn't immediately lead to higher infection risks.

Matsuda said the Tokyo government failed to provide reasonable explanation why the order was necessary and on what criteria it was based.

He concluded that the order was illegal because there was no particular need to issue the order that disadvantaged the plaintiff.

But the judge also said all experts consulted by the government authorities acknowledged the need for such an order, and there were no precedents that Tokyo officials could refer to.

He turned down the plaintiff's demand for damages and rejected its argument that the order was unconstitutional.

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Tokyo court rules COVID business order illegal, but dismisses compensation | NHK WORLD-JAPAN News

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The Tokyo District Court has ruled that the Tokyo Metropolitan Government had no need to order a restaurant chain to shorten business hours to curb the spread of the coronavirus. But it dismissed a compensation claim by the firm, saying it was not the local government's fault.