Treaty interpretation concerning individuals' right to claims: Comments on the supreme court of japan's decision in the nishimatsu construction company case

Abstract

In Article 5 of the China-Japan Joint Communiqué, there is no specific declaration which waives civil rights to claims for war compensation against Japan. Therefore, the regime of waiving the civil rights to claims for compensation, regulated in the San Francisco Peace Treaty, should not be applied as a framework for interpreting Article 5 of the Joint Communiqué. Should it be applied, this incorrect method of interpretation would impose more limits on and cause more damage to individual rights. Furthermore, it would be inconsistent with either Japanese judicial practices in treaty interpretation of individual claims, or the purpose of law. © 2013 © The Author 2013. Published by Oxford University Press. All rights reserved.