Kazuaki Shimazaki comments

Posted in: Ukraine envoy wants Japan to do more to ease tensions See in context

Ukraine, let's at least use honest terminology. You are not asking Japan to "do more to ease tensions" but "more to coerce Russia" into letting you deploy NATO troops right to their borders.

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Posted in: Japan eyes evacuating nationals in Ukraine See in context

I hope if they commit the SDF to evacuate, they do better than the Afghanistan EVACUATION

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Posted in: Thousands march in Washington against COVID vaccine mandates See in context

And Americans wonder why they are being treated as a high risk demographic by other countries.

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Posted in: Airlines worldwide rush to change flights over U.S. 5G dispute See in context

@Desert TortoiseToday 12:10 am JST et al

Thank you for your information. It is very interesting but it is still not clear why you think the telecoms companies should be parties of any lawsuits even if the unfortunate does happen. Everyone wants those frequencies (or neighboring ones) and it is the job of government to decide which of the many needs have priority. The government (FCC, specifically), rightly or wrongly, decided that the telecom people have the best case and allocated them those freqs. Maybe this administrative decision should be judicially reviewed, but companies should be able to rely on the governmental permit and standards. Unless they bribed people or made serious misrepresentations in their submissions to get their win, for which there as yet seems no evidence to be the case.

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Posted in: Airlines worldwide rush to change flights over U.S. 5G dispute See in context

@Desert TortoiseToday 07:32 am JST

Do you have something against 5G? From the description, it doesn't seem the carriers are at fault. At most, they might have lobbied for the best available frequencies, and they got them. You seem to be thinking of high speed communications as the LOWEST priority when it might well be highest.

If there's anyone at fault, it seems to be the FAA, who is making a last minute submission of problems after the time when they were supposed to be discussed. Those altimeters weren't made yesterday.

As it is, the US is already late in the "5G race". I'm not sure whether it's good national strategy to allow it to be further delayed.

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Posted in: Nippon Steel appeals S Korean court order over asset sale See in context

@jeancolmarToday 12:40 pm JST

Samir Basu's point is worth repeating

Perhaps you should be more interested as to whether the text that's put in the final version of the treaty actually leaves this hole. As I've discussed previously, here's what they put in the final text:

1 The High Contracting Parties confirm that the problems concerning property, rights, and interests of the two High Contracting Parties and their peoples (including juridical persons) and the claims between the High Contracting Parties and between their peoples, including those stipulated in Article IV(a) of the Peace Treaty with Japan signed at the city of San Francisco on September 8, 1951, have been settled completely and finally.

The fast version is that "claims" does include torts. It's literally in the structure of both Japanese and Korean law, which are offshoots of German law. Damages are compensation for torts.

The Korean court is just ignoring the established categories to create new categories and then insisting the old rules don't count. For this reason, even if hypothetically damages is explicitly written into the text, the Korean court will just invent a new category. "Criminal" damages are not "damages" as meant in the treaty. "Damages for 'Inhumane' Actions" are not "damages", and so on. The principal problem is the Korean court ignoring the clear meaning of the text in its unilateral interpretation.

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Posted in: Nippon Steel appeals S Korean court order over asset sale See in context

They can try, but I don't hold out hope for them. Just yesterday, I read an article that the Supreme Court of Korea is again legalizing robbery, so one can expect that when the case snakes it's way up, it will have the same outcome.

https://topics.smt.docomo.ne.jp/article/asahi/world/ASQ1C5W7JQ1CUHBI019

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Posted in: U.S. open to limiting military exercises, missiles with Russia See in context

@lostrune2Jan. 10  10:15 pm JST

If Russia actually becomes friendlier to those former satellite states, those states would feel less to want to join NATO. Attract more flies with honey than vinegar, and all that

And how unfriendly the Russians have really been (in comparison with the Eastern European country involved)? In the specific case of Ukraine, they actually stole gas meant for the West from the pipelines going through them (kind of makes Nord Stream 2 look reasonable). Ukraine literally wanted to join NATO - they might as well have said they wanted to be Russia's enemy.

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Posted in: U.S. open to limiting military exercises, missiles with Russia See in context

Quite frankly, my sense is that the Americans and NATO can agree to the Russian terms (people should actually read what the proposed terms say, not what American warmongers claim they are). They are actually quite beneficial to NATO.

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Posted in: U.S. open to limiting military exercises, missiles with Russia See in context

Quite frankly, my sense is that the Americans and NATO can agree to the Russian terms (people should actually read what the proposed terms say, not what American warmongers claim they are). They are actually quite beneficial to NATO.

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Posted in: All U.S. forces' personnel to take virus test after arrival in Japan See in context

@BroncoToday 07:34 am JST

As we can see from this case and countless others, vaccinated people can and do spread the virus.

Yes they do. On the other hand, it's a matter of probability, and people who have vaccinated have "done their part" to avoid spreading the virus. Treat them as if they never jabbed themselves, and you remove a significant incentive for them to other people to get jabbed.

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Posted in: South Korean court orders sale of confiscated Nippon Steel assets See in context

@Summit BasuToday 01:38 am JST

You don't get it. The damages claims are written as 犯罪損害賠償, translated as "damages compensations resulting from criminal actions".

I see. Since your translation didn't make it clear, I thought they would at least use the established categories, but they tried to create a new one to evade the clear meaning of the treaty text? Under the ordinary categorization system, so called "犯罪損害賠償" would fall into the torts "不法行爲" and dealt with accordingly. But of course that would mean they would have to accept it is under claims, so they came up with this pathetic dodge.

You are not making Korea look any better. And the international system cannot work if after signing an agreement to settle one side invents new categories to evade the settlement and extort money.

Yes, Japanese occupation of Korea is legally considered to be illegal and criminal,

Legally considered by who? The clearly politicized Korean Supreme Court? Even though the Korean Prime Minister signed the document and it had the national seal on it?

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Posted in: South Korean court orders sale of confiscated Nippon Steel assets See in context

@Samit BasuToday 10:48 pm JST

The Supreme Court ruled Japanese companies are not protected by the 1965 treaty due to the lack of the word "damages" in the treaty text and are exposed to damages claim by the forced laborers, and no one can reverse this decision.

Before discussing whether anyone can do something about the ruling, let's agree that it is disgraceful and political. South Korea uses the same basic civil law system as Japan - a branch off the German. Damages for torts (不法行爲) are a kind of claim (債権) - Korean Hanja and Japanese Kanji even use the same glyphs. In the Korean Civil Act, Part III is Claims. Chapter V of Part III is the Torts.

For them to pretend that damages are somehow a separate category is literally against their own understanding of civil law.

The US State Department officials are frustrated by Japanese inactions, because $50 million is nothing and why doesn't Japan just pay up and end this dispute once and for all.

Maybe it is not the amount, but the principles of the matter? Against allowing one country's organ (judicial or otherwise) having the unilateral right to interpret a bilateral treaty? Against yielding to a clearly crappy verdict?

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Posted in: Tokyo police admit to losing 38 citizens’ personal data…that was stored on floppy disks See in context

We might as well be thankful that they were stored on floppy disks. For that reason, the number of victims was limited to under forty (~20 people / floppy). If those had even been 4GB USB sticks, the casualties would have been a thousandfold...

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Posted in: Japan to set compensation rules for business losses due to Fukushima rumors See in context

It's an understandable choice. The facts are as follows. The water that will be released will most likely have a des minimis amount of radiation in them. But no matter what they do you can expect hostile foreign countries, such as China and Korea, anti-nuclear groups (both Greenpeace and in-country) and similar ilk to stretch it as far as they can for their own advantage. That of course is reputational damage.

In reality, malicious or not, Japan will not be able to prosecute those defamatory sources. For one thing, some are likely to be overseas. For another thing, even if the source is domestic, actually go after it and we can expect people (including in JapanToday) to scream "cover-up" or "freedom of speech" or anything but be supportive and understanding.

So what else is there but to provide compensation?

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Posted in: Girl who pushed shopping cart from store rooftop sent to family court See in context

@itsonlyrocknrollToday 09:55 am JST

What did she thing was going to happen? The cart would magically sprout wings?

I would think maybe she just wanted to see exactly how the cart would disintegrate on impact, or if some parts of it will remain together.

@Article

hit the pavement about two meters in front of a male passerby.

Oh ... this doesn't look good. On the other hand, Nov 26 is nearly winter. The days are getting shorter (the official sunset of Nov 26 in Tokyo is 4:30PM). By 6:25PM it should be pretty dark.

Is it possible she didn't even see the man?

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Posted in: New Zealand's plan to end smoking: A lifetime ban for youth See in context

@MontyToday 07:35 am JST

I can not imagine that the smoking people belong to that we all.

This law is carefully crafted to ensure de facto "grandfathering in" anyone who is already a smoker. Now that their right to smoke is ensured, how many of them will object to other people not smoking?

@StrangerlandToday 07:51 am JST

Uh, IIlyas disputes your claim it has never succeed anywhere. Would you like to counter that? As COVID-19 has shown, people do have different values. It's not impossible the Orientals can get away with prohibitions that won't work in the West.

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Posted in: Japan's military, among world's strongest, looks to build See in context

mobius217Today  11:09 am JST

The main problem with Japan's budget is "Social Security", made up disproportionately of elderly (unproductive) people. Defence is perhaps the first service the State provides for its citizens.

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Posted in: Japan reverses halt of inbound flight bookings after criticism See in context

Stick to your area of expertise, Ryan:

Asked about Japan's ban on new entries of foreigners, Michael Ryan, head of the WHO's Health Emergencies Program, said at a press conference Wednesday, "Epidemiologically, I find it hard to understand the principle there. Does the virus read your passport? Does the virus know your nationality or where you are legally resident?"

This is a red herring. There is a fact factor and a law factor at play here:

The fact factor: Viruses don't read passports, but different nationalities have different habits, which change how likely they are to get and spread the virus. For example, if your nationality happens to be one where you will file lawsuits to avoid vaccine mandates, it would be at a higher risk. Unfortunately, we are now only able to discriminate between statuses (citizen, resident, tourist ... etc) rather than nationalities, it's the lowest common denominator for the non-citizens.

The law factor: Even if everyone is more or less even, the fact is that by law citizens have more right to return to their own country than a non-citizen. Non-citizens can console themselves with the thought that they'll be a citizen of somewhere else, and have special perks there relative to residents.

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Posted in: France issues arrest warrant for Japanese woman over 'parental kidnapping' See in context

@MilesTegToday 03:46 pm JST

human rights issue

We can take the banner of human rights too. From a human rights perspective, it is deplorable for a person to be at risk of arrest because of a determination made by a country she's neither a citizen or a resident of. That also has higher priority than where the kid belongs to.

Now you're claiming it's a sovereignty/jurisdiction issue

Are you kidding me? On 11:05 am JST today, on my first post on this thread. I said:

I express my disgust. I don't care how sympathetic you are to this "Fichot". This is a violation of Japanese sovereignty. Here's why:

Sovereignty had always been my first point. The rattle over "child abductions" have been going on for a decade, which actually makes it old. France's action crosses a line which makes it the most important & interesting point.

And I would like to think if the situation was reversed - Japan demanding that France hand over one of its citizens for an action committed in France that would have been non-criminal in France (double-criminality principle), I'll frown.

I think the real racists and nationalists are the ones that instantly leap for "You are only saying this because Victim is A" rather than considering the affair on its merits.

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Posted in: France issues arrest warrant for Japanese woman over 'parental kidnapping' See in context

@MilesTegToday 01:47 pm JST

Her abducting children from her spouse in of itself should be a crime in Japan and the now the French government has determined her actions under French law is a crime.

And here, we have a problem with jurisdiction and sovereignty. The wife, whether you like it or not, is Japanese and lives in Japan. For France to insist on arresting her is no different from the Chinese sending out a warrant because they have "determined" that your actions have "violated" Chinese law (even though you took them on non-Chinese soil). If you tolerate this, you are saying the Chinese may control your actions through threats of arresting you. Are you cool with that or not?

“respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.”

I don't see anything about criminalization or allowing other nations criminal jurisdiction on your soil.

You seem to be thinking of this as a matter of family law. I don't. The moment France took this action, I see this as a matter of the very basics of international law. Of sovereignty, self-determination and jurisdictional issues. Which are frankly, a lot more important to me or even you than a family dispute.

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Posted in: France issues arrest warrant for Japanese woman over 'parental kidnapping' See in context

@Simon FostonToday 12:46 pm JST

The homicide charges wouldn't be necessary if it weren't automatically assumed that the children were being kidnapped in their own best interests. Although I daresay it's only assumed to be tort but not a crime when it's the Japanese parent doing the kidnapping.

It's not that it's "automatically assumed that the children were being kidnapped in their own best interests". It's about respecting custodial rights.

Think of it this way. You and I co-own something. You take possession of it and take it somewhere out of my sight. Now that my ownership rights to "enjoy" this thing have been violated, I have a valid civil case. But it won't be fair or right to you if I just phoned the police and said you "stole" the thing, since you have ownership rights too.

That's the basic principle involved here.

You weren't referring to this case specifically, and you've conceded that Fichot may indeed have some evidence of wrongdoing on the wife's part.

Even if her wife, indeed, lied, that would not suddenly cause this part of her act to become criminal. Go back to the previous example. You claim you only took possession and took the thing somewhere out of my sight because I had tried to break it before and won't desist. Even if I'm able to prove you lied, that doesn't suddenly make your action theft. The fact you have ownership rights too negates this charge.

On the other hand, you might be liable for defamation charges, as might the ex-wife if it can be proven she lied.

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Posted in: France issues arrest warrant for Japanese woman over 'parental kidnapping' See in context

@MilesTegToday 11:29 am JST

Custodial rights have to determined based on legal process not just one person's word over another's and in the case of a broken-up couple, there often are strong emotions involved that make people exaggerate and flat out lie.

I agree that Fischot has not been stripped of his custodial rights via legal process - if that were the case, there won't even be a tort! The problem is ... neither has his wife! And Japanese law purports that where you have custodial rights and where you have not infringed on the freedom of your children, to abduct them is not a crime.

This point of substantive law precedes any thoughts of procedure.

Your comparison to China is utterly irrelevant.

I drag China in this to remind everyone of the dangers of allowing another State to criminalize the actions of your own citizens, and the impropriety of a State claiming this right.

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Posted in: France issues arrest warrant for Japanese woman over 'parental kidnapping' See in context

Simon FostonToday 11:33 am JST

How about in situations where one parent kidnaps the children and they're all found dead a few days later?

There are such things as homicide charges to deal with this variant.

Yes, "if." What if that's not the case?

Remember basic burden of proof. Since it's the French who want the arrest, if they want to run this line it's up to them to at least produce some evidence this variant is the case.

Whereas you do?

I don't. But I apply standard-of-proof - where child abuse is potentially involved, it's better to play it safe (at least to the extent of letting private actions take their course) than for the State to force the child into a situation where they already have some reason to believe he would be abused.

Granted, Fichot might have some evidence to show his wife is lying. I remember skimming over one case where a man was actually able to produce evidence showing inconsistencies between his ex-wife's claims and reality. But the article gives no indication such may be the case.

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Posted in: France issues arrest warrant for Japanese woman over 'parental kidnapping' See in context

AntiquesavingToday 11:44 am JST

Japan willingly signed the Hague convention and by doing so agreed to abide by it over it's own rules.

I'm not so certain Japan was all that thrilled with signing that convention, but OK, they signed.

The name of the treaty is the Hague Convention on the **Civil Aspects of International Child Abduction**. Do you notice the word "criminal" is not in there?

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Posted in: France issues arrest warrant for Japanese woman over 'parental kidnapping' See in context

@letsberealistic Today 11:47 am JST

I don't know of any other nation that just takes the word of one parent that the other is an abuser without any real evidence (e.g. visible injuries, visits to hospitals, eyewitness accounts. Japan does.

You are not the only one with this basic point so I'll dispose of it here. This is a "Standard of Proof" question. If we accept that letting the kid get abused is the worst possible outcome, given the reality that abuse does not always leave convenient visible marks, and that we are not imposing any State-enforced coercions (much less criminal convictions) on this character ... what kind of Standard of Proof do you demand before someone is permitted to take private Self-Defense actions concerning their child. Do you want to personally sign up to a statement saying that woman and child must bear abuse until a court agrees they have indeed been abused?

Heck, maybe you are a woman. Do you pledge to sit there and take abuse just so avoid any chance of a male's oh-so-precious custodial rights being infringed?

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Posted in: France issues arrest warrant for Japanese woman over 'parental kidnapping' See in context

I express my disgust. I don't care how sympathetic you are to this "Fichot". This is a violation of Japanese sovereignty. Here's why:

In Japanese law, the wife's act may be a tort, but not a crime, because the crime of youth kidnapping is assessed to have the child's freedom and custodial rights as its protected interests. If the kids don't show interest in the dad (as is likely), there is no infringement on their freedom, and the wife is exercising her custodial rights. This is France violating Japanese sovereignty over its own citizens by imposing its own values, and is not very different from for example China seeking to apply "protective jurisdiction" on national security crimes ("He said something") on foreign soil.

Second, the measure cannot be defended as defending shared custody, because the proposed solution of arresting (and presumably convicting) the wife would have the result of leaving Fichot with single custody of the children.

Third, I don't think the peanut gallery knows Fichot enough to override the wife's assertion that he is unsafe. Should Fichot get access to his kids and it turns out he's an abuser, how many of you are willing to accept accessory liability?

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Posted in: German scholar urges Kishida to carefully handle defense issues See in context

Was this "Saaler" half that enthusiastic in calling the PRC to build fewer weapons?

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Posted in: Japan envoy says U.S. sought help to free journalist in Myanmar See in context

@GaijinjlandToday  05:10 pm JST

As long as its them footing the bill.

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Posted in: Family of dead Sri Lankan files criminal complaint against officials See in context

@Osaka_DougToday 05:40 am JST

I congratulate and thank the Wishma family for following up with this action.

I don't. For one thing, it's futile. A civil case, I can still see it. The Wishma family, on the other hand, has gone for criminal charges. And not even for negligence, but for homicide with conditional intent.

Do you really think given this basic fact set, Wishma's family will have much luck in ANY country? If they sued for compensation, I can still see some countries (particularly in Europe) deciding there is some fault on the part of Immigration and awarding some kind of cash handout. But criminal charges for homicide?

I cannot see this as anything but a complaint made in bad faith. They know the case has no chance, but they press it simply to create some bad press for Japan.

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