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Godspeed Mr. Miura.
Posted in: Miura begins third assault on Mount Everest
Good on France for showing the world how to make true progress. I hope more countries…
Posted in: French president signs gay marriage into law
Virgo: "Although this man has been a trouble maker (he has made so many gaffes before),…
Posted in: Restoration Party member ousted over Korean prostitution remarks
Well this has certainly turned into a very lively debate hasn't it lol. Although I don't…
Posted in: Defiant Hashimoto says U.S. troops abused women during occupation
I can't help but feel that the writer of this article has taken a single sentence…
Posted in: Hungry for justice (and jail bento), Kobe thief turns himself in
0
Chamkun
Toshiko: I understand your concern with Korea and China. But in order to have a better relationship in the future, Japan must let them know Japan's position frankly without any euphonious saying. The world seems do not understand the concept of Shito. Japan does not have to convert them as Shinto or asking agreement. But at least japan need to let them know the difference between Shinto idea and other religions. We do not go there to accept and agree what they did, (some'' war criminal'' ) Once they die, life energy of those people called Mitama. Pure life condition like one drop of water going back to a big ocean. It is hard to distinguish the former drop and ocean. The bottom line's problem is the religious concept is not being understood. Not every people go there is embracing what they did. I am a Buddhist and believe an individual Karma, so my personal point of view is very different from Shinto. So I do not go there Yasukuni but I since Japan has a religious freedom in our constitutions, we must protect it especially from out side of Japan.
The second point is that based on the international laws, technically there is no more war criminals in Japan since San Francisco peace treaty only technically speaking.
The amnesty provision for international law is the 2nd article of the Westphalia peace treaty in 1648 which made the 30 year war end. There, since war started, it has been specified "There shall be permanent oblivion, a pardon, or acquittal between hostilities countries" about all the things performed in the form of language, description, tyranny, violence, hostile activities, defamation, and expenditure. Thus, the amnesty provision based on the soul of "complete oblivion" which passes all in water, It is needed in order to calm hatred between the states agitated by war and to restore peace, It is incorporated in many peace treaties concluded during the 19th century from the 17th century, and 23~27 articles of the German Soviet Union treaty on March 3, 1918 and 31~33 articles of the German Romania treaty on May 7, 1918 constitute the general amnesty provision.
Based on the custom of the above, before World War II, Even if an amnesty provision is not installed into a peace treaty, that effectuation itself of a peace treaty has the amnesty effect an international treaty. In fact the world did not say anything when Mr. Kishi became a prime minister of Japan who was a former A class criminal. Because of this amnesty concept. If A class criminal was the issue, Korea or China shuld have said something then. The fact is that the president of S. Korea who is the father of today's Korean president made an agreement in 1965 as known as Japan Korea basic treaty and resolved the all issues between 2 nations.
The 3rd point is that China and Korea started to say about Yasukuni issue in 80s, because A class war criminal is there, this is a problem. But then do not say B and C class. This has no logic. Anther bottom line is that the law which determines A.B.C. category and its laws them self was made after the WW2. This is not my opinion but just my wondering that how any one could judge lawfully them based on the laws which did not exist when they were in a war.
Posted in: LDP policy chief to keep visiting Yasukuni Shrine
-2
Chamkun
Sea Shepherd do a terrible job, I dislike it. Unfortunately I am sad to say, but they are absolutely wrong about many things nowadays. There are reasons for a whale hunting and dolphins.
Posted in: Anti-whalers ask supporters for cash to fund next campaign
4
Chamkun
I am sorry to hear that your plan to support a terrorist grope.
Posted in: Anti-whalers ask supporters for cash to fund next campaign
3
Chamkun
Freedom has been there since they have been under the same constitutions of Japan since 1972 as you know.
Posted in: Japan protests to China over Okinawa claim
4
Chamkun
Japaneses citizens need to pay the price for building our democracy. This is one of the prices. The system must be continued. The judicial system in Japan needs a common sense by its citizens.
Posted in: Lay judge sues gov't over mental trauma due to murder case
2
Chamkun
LOL!!! The 40 jet fighters and 8 war ships on the 23rd of April from China in the Japan territory. The radar lock system was used by China to Japanese Ships at Japan territory based on the International laws.China set the Unilateral Maritime law which has got some conflict with the international law. Who is acting provocatively? If China really thinks Senkaku is China, do not use the force but fight with a civilized way. Use the law. Go to ICJ.
Posted in: China says U.S. should be concerned about Japanese nationalism
3
Chamkun
boilthebunny
The dispute which is produced by China. 1978, more than 100 fish man boat came into the area with machine guns into Japan territory based on laws. Which is aggressor? It is hard to believe in China 1978, the civilians can do such an activity without any problem with the government.
Japan has a right to defend. This is a defense action not aggression. Each time, we are losing our tax money. But it is inevitable unless China stop doing this.
If China really think Senkaku is China, instead of sending their military ships and plains, sue Japan. Japan can win 100%. That why they are producing the issue based on their unilateral maritime law promulgated in 1992 in China which has no effect to the world.
Posted in: China calls on Japan to stop scrambling its fighters
4
Chamkun
Otago1000
It has nothing to do with the war. Japan started to do research 1885 if the islands (Senkaku) were recognized as TERRA NULLIUS by the international law. China never has registered them and confirm that fact to Chinese government then. After that, Senkaku became the part of Ishigaki county Okinawa.
You seem like history, Ming Dynasty, 13 emperors left 3058 volumes of their political record which is a very important objective historical evidence.It shows clearly that Senkaku was not the territory of Ming Dynasty.
1871, after the Miyakojima incident that 54 Japaneses were beheaded because the boat was wrecked from Typhoon and landed there , Japan complained to Qing Dynasty, they denied that the generally the areas were not governed by them. Senkaku has even smaller and farther, how China today could say Senkaku has been China since ancient time with this double standard saying. China today could not complain Japan how lawfully registered Senkaku as the part of Okinawa in 1895.
Even if China really found the island around 600AD? as they say. The based on judicial precedent in an international law. Island of Palmas Case. The title by geographical approach-ability does not have a meaning in the international law.Discovery itself is immature origin of rights to obtain a sovereignty in international law which is inchoate title.When a foreign country begins to use realistic sovereignty and a discovery country does not protest, the title which uses sovereignty is only larger than the title of discovery. Any territorial issue must be with laws not what I think base. Other wise, the world today will be in mess. In this case, 250 Japanese people lived on the island and had a dry bonito factory. The SF treaty article 3 states Senkaku is Japan, and no country has complained the article 3. Except China after the potential oil was found in 1968. China's claim is based on the aggression and so emotional without any hard evidence. Stop sending the ships and plains before China says to Japan stop scrambling.
Posted in: China calls on Japan to stop scrambling its fighters
6
Chamkun
*
Then Japan calls on China to stop sending its ships and plains to Japan Territory.
Posted in: China calls on Japan to stop scrambling its fighters
0
Chamkun
Where did you get this wrong idea? LOL
Posted in: Japan scrambled jets against China planes record 306 times in 12 months
1
Chamkun
Have you ever considered the geopolitical situation around Far East? Also how Japan tries to act under the article 9 which is composed by the US.Your saying gave me an impression that you have no consideration about those. Abe administration has started to discuss to change the constitution of Japan according to today's circumstance.
Posted in: Kerry says U.S. will protect Japan from N Korean threats
3
Chamkun
Japan needs to promulgate more draconian smoking control laws.
If we need to see the full implementation of our constitution of Japan article 25.The government needs to make more drastic approach. Article 99 states to keep the constitution is the duty of Emperor, Prime minister, and administration the politicians,,,,and so on. The people who has more power they have more duty.
For example, a tax for cigarettes must be much higher to discourage people to smoke but still some people want to smoke, they have more chance to be sick, the tax for cigarettes should be used as to maintain our health insurance system.
Yes some inconvenience will be increased for smokers. If smoking has no health effect to others, I would say different opinion but since the second hand smoke will jeopardize non smokers health as well. In that case the right to smoke and not smoke must not be treated as equal right. The right for seeking our healthy environment which stated in article 25 and having our desire to live as healthy as possible, this right is much stronger right than the right for smoking.
Posted in: Have Japan’s anti-smoking laws gone too far?
0
Chamkun
*
It has been done already. How many times Japan needs to do that? Japan has already also paid $800,000,000 cash when the average collage graduate monthly salary was about $65 in Japan. And $5,300,000,000 asset without any condition. The treaty between Korea and Japan states'' Everything is resolved perfectly and forever''. If any issue occurs,solve lawfully at ICJ. Signed by the father of today's Korean president in 1965. So Korea would not get any more apology from the past..
Posted in: Unfriendly relations
1
Chamkun
SuperLib
Sounds civilized and nice. I understand. I wish your solution were fitting in this situation. But not this case.
Historically, Lawfully with actual many documented proof even from China, Senkaku is 100% Japan Territory. If China's aggression let China get what they want. If any country bring an old map from 13 century, 15 century whatever , then send their military to some nation which has governed that island more than 100 years lawfully and the world treaty admitted that legality. (SF Treaty) That will be a big mistake. That kind of example should not be created. It will make laws are weaker than power and lobbying with a deceptions. The world will be mess.
San Francisco treaty article 3 indicates that which country owns Senkaku. China said nothing before the oil was found.
This is nothing personal to Chinese people. The door is opened. If China thinks the treaty from San Francisco in 1951 has some error, instead of sending their warships and planes to Japan territory. They should go ICJ. China must know The Vienna Convention on the law of treaties article 65. But the fact is China has 0% chance to win if they challenge Japan by law. When they lose, they have no way to explain to their people since they have release so many tactful deceptions for this case to convince Chinese people. It is no longer only the issue for those rocks for China.
China, Do it lawfully. Do not act as if China is an out law country, please.
Mean while, Japan should focus on seeking the resolution with Taiwan for the both nations for the stability of Far East.
Posted in: China 'extremely concerned' about U.S.-Japan island talks
1
Chamkun
IRobin
We are going to solve the issue by law not power. Unless China shows its aggression, even we will have no situation to ask American people as you said. Of course no one wants to have a war.
Posted in: China 'extremely concerned' about U.S.-Japan island talks
1
Chamkun
No, They have not!!!
Posted in: China 'extremely concerned' about U.S.-Japan island talks
0
Chamkun
> @Michael Craig
I think MacArthur would subscribe to Abe's point of view the based on the time, place& occasion today.
Posted in: Abe vows to change constitution, reestablish 'proud Japan'
1
Chamkun
@IRobin,
Did you read my comment and question? There is no answer in your reply. What you said here make no differences. If your saying decide any territorial issue, the law will be unnecessary but only the size and power will dominate the world. Please read my question and comment one more time and reply. If you had understood my question, you would not have replied the way you did this time.
Posted in: U.S., Japan hold senior defense talks with focus on China
6
Chamkun
@IRobin
I have already included a lot of information the last time on the same issue. You never considered another possibility? You (or today's China) blindly believe that Senkaku belongs to China, ignoring all the laws. Even if your historical ideas were true, still Senkaku has been Japan's. For more than 100 years China did nothing after Japan registered it in 1895 , even if China were the owner, China has lost it. To begin with, China never owned the islands. If you like history, In 1617 Aug record of (Ming)China then, The official political record of Ming clearly stated that the area is not owned by Ming. In 1561, China admitted the islands are part of Ryukyu which is today's Okinawa. (But until 1895, it was not offically recognized as Okinawa in Internatinal law.)
But it makes no difference. Based on the law, These 5 islands known as Senkaku today were recognized as TERRA NULLIUS by the international law in 1895 when Japan registered as Okinawa officially. Since then, Japan has been governing the islands since 1895.Except between the end of WWII to 1972 while America ruled there.Then that was returned to the original owner based on San Fransico treaty articl 3.
You can express anything you want, but for the sake of a more productive discussion, please let us know that how you fit or how China's claim fits in the law today.
One more time I will put the case here.I have nothing personal against China or you.
The judicial precedent in an international law. Island of Pal mas Case.
1)The title by geographical approachability does not have a meaning in the international law.
2) Discovery itself is immature origin of rights to obtain a sovereignty in international law which is inchoate title.
3) When a foreign country begins to use realistic sovereignty and a discovery country does not protest, the title which uses sovereignty is only larger than the title of discovery.
China,and you must take these 3 things in consideration to think more objectively. Then reply here if you have any logic not emotionally how you feel. If emotion and subjective thought without any evidence, it will take us no where but a war. That we must avoid. Any way, what China or you think would not produce the world map. But the law. This is the 21 century. No one wants to have a war any more. If you really think China is right, will you suggest to China that instead of sending the military ships and planes to Japan territory, sue Japan at the ICJ.
Because what you and China are saying today go against the San Francisco Peace Treaty of 1951.Saying Senkaku is China means challenging the treaty. The article 3 in the treaty indicates that Senkaku is Japan.
If anyone thinks it finds some error in the treaty, the law exists for that reason, basically it saying that -When it finds an error or asserts the invalidity of a treaty, the announcement to the country directly concerned is required by the Vienna Convention on the law of treaties article 65-.
However, no government or any nation have filed a complaint or made an announcement of error invalidity of the treaty until today as of today March 22nd. 2013.
As far as japan is concerned, There is no issue about Senkaku. But if China does this lawful way, Japan will not be able to keep that status. Japan must get involved. Then the world include China will know who is the real owner of Senkaku. A war is not the way to solve China's problem.
Posted in: U.S., Japan hold senior defense talks with focus on China
-2
Chamkun
@melonbarmonster
Do not mix everything together. I am talking about The sex slave issue which did not exist as the monuments in NY and NJ describe.
Posted in: S Korea, China fault Japan on 'comfort women' at U.N.