Subcommittee on Japan's Role in International Society (Fifth Meeting)

Thursday, July 11, 2002

Meeting Agenda

Matters concerning Japan's role in international society

After a statement was heard from Prof. NAKAMURA Tamio concerning the above matters, questions were put to him; this was followed by discussion among the members.

Informant

  • NAKAMURA Tamio, Associate Professor, Institute of Social Science, University of Tokyo

Members who put questions to Prof. NAKAMURA


Main points of Prof. NAKAMURA's statement

I. The debate during the EU integration process

[1] The main pillars of the EU's structure

>> The European Union (EU) is founded on three pillars: (a) the European Community (EC), which is concerned with a common economic policy; (b) a common policy on foreign relations and security; and (c) a cooperative police and criminal justice system.

>> The EU's jurisdiction is expanding beyond the economic sphere to include policies for the realization of political and social values.

[2] The EU's method of government

(i) With regard to the first pillar, (a):
>> The EC has its own legislative powers and its own legislature. EC law is recognized as having "direct effect" (i.e., it directly creates rights and duties for the citizens of member states) and "supremacy" (i.e., it takes precedence over the domestic law of member states, including their constitutions). However, the member states have reserved many legislative powers of their own, and the division of legislative authority between the EU and its member states is unclear.

>> In the area of policy implementation (administration), most EC policies are implemented through the national governments.

>> With regard to judicial powers, an EC Court of Justice has been established to ensure that EC law is applied uniformly, and a system has been put in place which, among other things, enables the courts of member states to request "preliminary rulings" by the EC Court on the interpretation or applicability of EC law in specific lawsuits.

(ii) With regard to the second and third pillars, (b) and (c):
>> In the fields of common foreign relations and security policy and the cooperative police and criminal justice system, each member state retains strong authority.

[3] Evaluation of the EU

>> Since the realization of EU policies depends to a large extent on the individual member states, it is doubtful whether the EU should be described as a "federation." The EU is an unprecedented, unique system of government, which can best be evaluated as a "grand experiment" that is still in progress.

[4] The debate over enacting an EU Constitution

>> At the root of the movement to enact an EU Constitution is the desire to reaffirm the EU's structure of government, which is based on popular sovereignty.

>> In the debate over enacting an EU Constitution, the following points are at issue: (i) the division of authority between the EU organization and its member states; (ii) the role of national assemblies; (iii) legislation of standards for the protection of human rights, such as the EU Charter on Fundamental Rights.

II. Changes in national constitutions accompanying EU integration: The case of Britain

[1] Effects on lawmaking and the judiciary

>> The British principle of "parliamentary sovereignty," which gives the nation's parliament unlimited legislative powers, came into collision with EC law, which is recognized to have direct effect and supremacy. EC law was recognized as supreme in a number of precedent-setting judicial decisions, and since then there have been cases where British courts did not apply domestic law that was contrary to EC law. Thus, there appears to have been a change in the essential nature of "parliamentary sovereignty."

[2] Effects on administration

>> In some respects, the British government has become an implementer of EU policies, and it has begun to seek a cooperative relationship with the EU in advance when proposing domestic legislation.

III. Suggestions for Japan based on the EU experience

>> As economic globalization proceeds, cooperation across national borders has become essential in certain fields, such as the environment and resource protection. Because of this need for cross-border cooperation, Japan should study the basic mechanism by which the EU functions.

>> The EU system is based on a public order developed by consultation among the member states. The process by which it was formed is relevant to Japan in formulating the principles of its international cooperation.


Main questions and comments to Prof. NAKAMURA

KONDO Motohiko (Liberal Democratic Party)

>> Have any of the member states revised their constitutions in the process of accepting EC law or ratifying the treaties that led to EU integration?

>> In the system of EU law, what provisions are made for the common policy on foreign relations and security cooperation, the second pillar of the EU's structure? Also, in the event of an invasion from outside the region, does the policy call for the EU itself to exercise the right of self-defense, rather than each of the member states exercising its right of collective self-defense?

>> How do you account for the original six members of the EC having been able to overcome the disparities among them, such as the differences in their national resources?

>> With regard to European security issues, one likely area of contention is the EU's relationship with NATO, which has non-European members such as the United States and Canada. What debate on this subject is taking place in the EU?


YAMADA Toshimasa (Democratic Party of Japan and Club of Independents)

>> I think there are two keys to building lasting peace: (a) placing military forces under unified control; and (b) having an effective court system for the resolution of international disputes. In the EU integration process, is any thought being given to creating a judicial system with a view to resolving disputes between member states through the courts, as in (b)? Also, is progress being made in the debate over establishing what could be called an "EU army," instead of the individual states having forces of their own?

>> If Japan is to display international leadership, I believe that we should review the U.S.-Japan Security Treaty structure, and that we should aim for the creation of an economic community in Asia. What are your views on these points?


AKAMATSU Masao (New Komeito)

>> You described the EU's system of government as an unprecedented, unique system that cannot be explained according to the model of a "federated state (nation-state)." Does this mean that we should not try to understand the EU in terms of old, pre-existing concepts?

>> With regard to the EU's future, France and Germany, which want further integration that would create a federation of nation-states, seem to have a different vision from that of Britain, which advocates increasing integration while maintaining national sovereignty. What are your views on this point?

>> I think that the greater the emphasis on unity within the EU, the more exclusive it will become toward nonmembers. Will this exclusiveness not cause friction with the nations of Eastern European or the former Yugoslavia? Also, how did the Kosovo conflict affect the EU integration process?


FUJISHIMA Masayuki (Liberal Party)

>> You described the EU as an unprecedented, unique system that cannot be explained according to the model of a "federated state (nation-state)." Will integration be carried further in various areas, or can it be regarded as having already reached its limit?

>> How have the constitutions of Britain and other members been affected by EC law? Also, given the supremacy of EC law, should the relationship between the member states' constitutions and EC law be regarded as an instance of the supremacy of treaties?

>> Britain has an Anglo-American legal system, while Germany and France, for example, have continental legal systems. Has this difference not been a problem in the EU integration process?

>> It is understandable when nations of similar size and strength, such as Britain, France, and Germany, pursue integration as they have done in the EU. But is such integration possible in a region like Asia, where there are big disparities among the countries?


YAMAGUCHI Tomio (Japanese Communist Party)

>> I believe that the effort toward EU integration over the last fifty years or more is an experiment that is very meaningful to the international community of the twenty-first century. What do you think are the "European conditions" that have supported this unprecedented experiment?

>> The European Trade Union Confederation (ETUC), among others, advocates clearly situating the EU Charter of Fundamental Rights as part of an EU Constitution. How do you evaluate the Charter itself? Also, in enacting an EU Constitution, how do you think the Charter should be situated?

>> In the EU integration process, what do you think is the status of progress on standardizing regulations, developing protections for citizens' social rights, and other measures which transcend national borders?

>> The European nations have a variety of political systems, but can the changes made in their constitutions during the EU integration process be classified into types?


KANEKO Tetsuo (Social Democratic Party)

>> The member states each have their own constitution and their own constitutional traditions, and they each seem to guarantee human rights in a different way. Granted that the EU Charter of Fundamental Rights is not legally binding, what factors made it possible to put it together in a short time?

>> Representatives of each national assembly took part in the process of enacting the EU Charter of Fundamental Rights. Have there been previous cases in which representatives of national assemblies played such a role?

>> EC law is recognized as having supremacy and direct effect, but what is the status of treaties other than EC law in the EU member states?

>> Even though the European Parliament's members are directly elected, I believe it has a lower status than other bodies such as the Council of the European Union. How do you think the role of the European Parliament will change, or should change, in the future?


INOUE Kiichi (New Conservative Party)

>> When the EU enacts directives, regulations, and so on, I believe it uses various methods of decision-making, depending on the item concerned. Concretely, what decision-making methods are used for what items?

>> In cases where EC member states belong individually to treaties of which the EC is also a member, how are the legal relationships reconciled?

>> The nature or character of the EU remains unclear. In diplomatic negotiations, for example, action is taken sometimes by the EU, at other times by the member states; both approaches seem to be used, depending on the situation. I think it should be the member states that are regarded as actors in the international community. What is your view on this point?


ISHIKAWA Yozo (Liberal Democratic Party)

>> When one looks back on past history, Britain seems to have shown resistance to the EC and the EU, and even now there seems to be strong domestic opposition. The British reaction to the EC and the EU seems quite different from that of other members. What are the reasons for this, and what is the actual situation?

>> At present, European security issues are being addressed within the framework of NATO, but what do you think will happen in the future?

>> In my view, a constitution is the symbol of a nation in its ideal form. You have indicated that the model of a federated state is not appropriate to the EU, but, in that case, surely it is inappropriate to think in terms of an EU Constitution?

>> East Asia seems to have far greater diversity than Europe in such areas as religion and economic strength. Taking this into account, how likely do you think it is that a community corresponding to the EU will be formed in East Asia?

>> Japan has a special constitution whose idealism has few parallels in the world, as seen, for example, in its stipulation that Japan will not possess armed forces. I believe that we cannot join an East Asian community unless we revise the Constitution. What is your view on this point?


SUTO Nobuhiko (Democratic Party of Japan and Club of Independents)

>> The EU consists basically of Christian countries. How is it dealing with the question of membership for Islamic countries such as Turkey?

>> The presence of Japan was a major influence on EU integration in the sense that, in the past, the EU's members perceived that they could not compete successfully with Japan as individual nations. Now that Japan has ceased to be a "threat" in the international community, does the momentum exist for further EU integration?

>> In recent years, there has been a clear swing to the political right in the EU nations. What effect do you think this will have on future EU integration?

>> There are considerable differences among EU members in the way they deal with the drug problem. The Netherlands, for example, has legalized soft drugs. How is the EU as a whole dealing with this issue?


Main points of comments by members of the Subcommittee (in order of presentation)

AKAMATSU Masao (New Komeito)

>> In a conversation I had with him yesterday, the Pakistani Ambassador stressed India's military ambitions and sought Japan's support on three points: (a) peaceful resolution of the Kashmir dispute; (b) détente between India and Pakistan; and (c) a nuclear-free South Asia. On the other hand, when asked what he thought of China's evident desire to increase its influence in Pakistan, Myanmar, the Pacific region, and elsewhere, he said he felt no military threat from China.

>> Japan needs to examine the nature of its foreign relations in order to actively address such issues as the increased Chinese presence in Asia and the tensions between India and Pakistan.


NAKANO Kansei, Deputy Chairman of the Commission

>> In discussing the Constitution, our thinking tends to stay within the framework of the nation-state. In reality, however, there already exist region-states, such as the EU, which transcend the nation-state and play a new kind of complementary role in achieving national goals such as the welfare of each nation's people or building peace. Japan, too, should take these present realities into account and develop a constitutional mentality suited to the new era.


NAKAYAMA Taro, Chairman of the Commission

>> The Japanese Diet has forums for discussion with various European bodies, including the European Parliament and the Council of the European Union. What I find most characteristic about these discussions is the fact that the whole of Europe shares a belief in the importance of human rights.

>> In future, discussions are likely to take place among regional communities, which are formed across national borders, and Japan will need to have a political culture and a climate of public opinion that can respond accordingly.