Daiki Kato

constitutional reform and collective self defense 

Right now pros and cons of the exercise acceptance of the right of collective self-defense 

has become a problem. I didn't understand what the constitution related to the collective self defense.

First of all let see the Chapter of the Constitution of Japan Article 9.

How they organized and explain about self defense. 

According to Constitution, I don't see anywhere about "You can not exercise the right of collective self-defense". However they were Interpreted the sentence as you can not exercise the right of collective self-defense so far.
There are two choices that can exercise the right of collective. First is constitutional reform, adding new sentences and words or delete the all Article 9 to make new constitution of article 9. On one way is to change the "constitutional interpretation".
Right now  what Prime minister Abe try to do is to change the constitutional interpretation.
But the problem is that changing the constitutional interpretation is not easy.

In order to change the constitutional interpretation there are no specific procedures or rule.
So right now prime minister just need to open the meeting and get cabinet decision in congress.

As a result, prime minister need to get public understanding and agree in congress. So it is still so far to achieve the goal.

Next is going to talk about reaction of other countries.  

Daiki Kato

Writing 121

Individual right to self-defense VS Right of collective self-defense

Before I start to talk about comparing between two self-defenses, I will talk about Self-defense rights in the Charter of the United Nations by very simple way like everyone can understand.

First of all, I'm going to describe "Individual right of self defense".

"The individual right of self-defense " is that the right of self-defense recognized in the United Nations member countries by the United Nations Charter Article 51.

For example, If the country is subjected to armed attack from other countries, it will be right to fight back using the forces in order to defend the country by under international law.

So far,  exercising of this individual right of self-defense is allowed by under the Constitution Article 9.

So Let me summarized simple way. 

When the other country attacked to Japan, 

Japan can defend by using Military force. In case  other country attacked to the Japan we can exercise the individual right to self defense to defending. If the country keep attacking for a long time, the United Nation member countries can help Japan to defend together. 

However, Japan was proclaiming that we are not going to help fighting so of course none of countries are going to help Japan defensing.

• Next is going to be about collective security in UN

Daiki Kato

Writing 121

Collective Security 

There is basic idea called "Collective security" in United Nation. 

this is the last resort to solve the war.

This basic idea is When the United Nations Member countries received a use of force,

they open the Meeting called "Security Council". Then members will talk about they should help to protect the affected country or not.

However it will take a long time to invite all member to meeting. Also in order to decide the "collective security", members need to get approved from all of the permanent member of the Security Council(United State, United Kingdom,Russia, China,France). Also if one country says no the collective security will be unexercised.

 As a result the collective security is imperfect and unreliable system. So individual and collective self defense is oder to  compensate for the deficiencies of the system for the rights granted to all UN(United Nation) Member. It doesn't need to get approved from UN.

DAIKI KATO
Writing 121

Merit and Demerit  of The Right to Collective Self-Defense  

<Merit>   
There are various view about Merit

Japan's current position is when the allied countries got attacked, and they request assistance Japan can't not help them. So, of course when aggressor country attack us, no countries are going to help us. So diplomatic situation  will progress in good direction.
Such as 
 > Japan will possible to exchange a variety of alliances and treaties between the neighboring countries.
> Japan can prevent the North Korea's unnecessary armed attack.
>  They will be able to prevent if china attacked the Southeast Asian countries and invasion of the neighboring countries of the territory.
> They will able to solve international disputes,and also possible to avoid the war.

<Demerit>

Demerit is really simple. When allied country got attack by aggressor country and beginning the war, Japan need to send many soldiers to the war. After people heard about this, many people might misunderstand that if allied countries have war, we have to go join them. However, that is not trues!! If allied country start to attack first, we can't help them even when they almost lose. Also if they not request the help, Japan can't help.

There is the big thing you have to understand is that even the allied countries request the help, Japan can reject them if the parliament says "" unnecessary to help""

As a result, all member of the United nations have the right to collective self-defense, so Japan just stand same line as other countries.

Next Blog is going to talk about Pros and cons and voice of people 

Daiki Kato

Writing 121

The Right of Collective Self - Defense In Japan

In recently, I always heard news about this topic and it become uproar in Japan 

What is the right of collective self-defense !?  

"The right of collective self-defense" is when the country and allied countries are armed attack by aggressor country, the country can prevent the attack and when the allied countries need a help, the country can help them. 

Let's see the case of this constitution, if the United States is attacked by aggressor country, Japan can counterattack to the aggressor country 

instead of US even they didn't attack to Japan.

  By the United Nation Charter has been recognized as an inherent of each country.
However After "World war Ⅱ "Japan can not be exercised the " Right of collection self-defense by the constraints of Article 9 of the constitution.
For that reason people get angry and occurring the demonstration.  

Next Blog is going to talk about advantage and disadvantage