When domestic interests and norms undermine the rules-based order: Reassessing Japan's attitude toward international law

Abstract

It has been widely acknowledged that Japan is a full and equal member of the international legal order as it stands, asserting its postwar identity as a responsible and law-abiding member of the international community. However, this essay argues that Japan's external compliance with a rules-based order and international legal norms is not reflected in corresponding domestic practices. The article provides a social constructivist grounded in-depth analysis of the various interests and constraints that have shaped Japan's domestic response to international legal norms. The selected five comparative case studies—Non-proliferation Treaty obligations, whaling policies, the detention and deportation of asylum seekers, the dumping of radioactive waters into the high seas off Fukushima and sovereignty claims over the Senkaku/Diaoyu islands—suggest that pragmatic nationalism and cultural norms undermine Japan's commitment to the rules-based order.