Double Aspects of Being a Sovereign State: Positive and Passive Aspects

Reception of Modern European International Law 4 : Passive Acceptance of International Law In the period of Japan’s reception of modern European international law, the salient feature was the passive side of Japan of being a subject of international law. [...] Article 9 of the Constitution reads, “aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.” In addition, as reflected in its Preamble and Article 98, international cooperation is one of the main pillars of the Constitution of Ja. [...] subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. [...] (2) Nature of International Obligations that Also Admit the Discretion of a Sovereign State Regarding the law of State responsibility, different natures of international obligations were discussed in the process of drafting the rules on the law of State pp. [...] From Negative to Positive Character of International Law (1) Development in the 19th Century From the latter half of the 19th century to the beginning of the 20th century, the most prominent development in international law was its function to realize the general interests of international society.