Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, March 2004. / Thesis advisor(s): Edward Olsen. Includes bibliographical references (p. 73-79). Also available online.

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This thesis explores a viable domestic legal framework for Japanese private space activities. Ideally, Japanese space legislation would govern private entities in a way that promotes commercialization while also fulfilling international obligations, doing both with an especial focus on commercial launch activities. First, I analyze current Japanese space law and space policies and continue by identifying Japan's problems in this arena. Next, I present research regarding other countries' space legislation solutions and examine how other nations' regulations do or do not solve problems similar to Japan's. Then, I assess the applicability of the foreign countries' approaches to Japan's situation. Finally, I propose ideas for a new legal structure for space activities in Japan and discuss possible implementation. I do so within the context of existing space policy problems that Japan must first tackle in order to successfully develop and enforce such new laws in the future.

Thesis (Ph. D.)--University of Chicago, 1998. / Includes bibliographical references (leaves 256-274).

自1840年清廷與英國簽訂《南京條約》以來，長久以來東亞地區傳統國家對於人身的掌握方式以及以朝貢冊封作為手段所建立的天下秩序便日漸被削弱且重新被編入近代西方國際法秩序之中。在此過程中，當時的東亞各國，皆曾嘗試一方面遵行近代西方的國際法秩序，一方面使用西式的法律將自身塑造為符合西方意義下的近代國家以達到可以完全在其「國」內外掌控其臣民之人身並同時受到西方列強所承認的目的。而所謂的近代西方國際法秩序，特別是在其秩序下主權國家所代表的對外擁有獨立性以及對內之臣民與領土擁有排他性權力等特質，更被明治維新之後的日本政治家與知識分子視為是國體存在的憑藉與證明，是使日本得以與歐美列強建立平等外交關係的前提之一。換句話說，日本近代法秩序中具有明顯地使日本作為一個主權國家融入近代西方國際法秩序的企圖。 / 然而自1890年《大日本帝國憲法》正式實施以來，日本先後在甲午戰爭以及日俄戰爭後領有臺灣與朝鮮。日本帝國在法律上所須支配的範圍不再僅限於日本列島，同時更包含了以上在帝國轄下這些地域的人身流動。在此種情況下，本研究企圖解決兩個問題，即：第一，當時什麼是「臺灣人」？而臺灣人在帝國內被日本政府以法律的方式賦予怎樣的法律地位？而這個法律地位在治安法律的適用上與帝國內的其他人群，特別是日本內地人之間又具有怎樣的差別，而其成因又是什麼？第二，當《治安維持法》作為當時日本帝國下日本與臺灣兩地域所共同擁有的治安法律時，帝國的裁判機構是如何根據帝國下各地域在地社會的情形而處理在各地域的治安法律案件的？而這些法院的判例又對於當時「臺灣人」族群意識的形成具有怎樣的影響？以及這些法律關係對於了解整個日本帝國的發展所具有的意義上有什麼幫助？ / 而經由本研究，筆者得出結論，認為帝國下的「臺灣人」的法律地位與其治安法律的適用是與日本帝國權力秩序之結構有著深刻的關係。而當時帝國權力秩序之結構事實上即是近代西方國際法秩序在東亞的滲透、天皇制國家的國體論述、兩地各自過往治安法律的實施背景，以及當時日本國內外的臨時事件的各個因素所形成的，並且影響了「臺灣人」作為一個族群意識的形成。 / Ever since the mid-19th century, the traditional East Asian Hua Yi (華夷) system has been weakening and was re-incorporated into the modern Western world order because of the rise of the Western powers. This process not only broke the old ruling order (in East Asia connected through the Tribute system), but also made the East Asia countries greatly shaped by the new concept of the International Law, for example the equal status between all sovereign states and the sovereign states had exclusive authorities over their people and territories. In this trend, Japan, China, and other East Asian countries were to some extent, tried to not only comply with the order of the International Law, but also made themselves a sovereign state recognized by the Western powers in order to avoid their diplomatic intervention using the excuse of different concept of law. / In this pursuit, the legal system, particularly the characteristics in the constitution that a country owning a constitution was independent from external interferences and superior to domestic affairs have attracted many Japanese intellectuals and politicians in the Meiji period (1868-1912). They thought that to have a constitution was the qualification for a sovereign state, and also was a demonstration that Japan had the same rights as the Western powers. In other words, the Japanese modern legal system had the motivation that to construct Japan as a sovereign state under the umbrella of the International Law. However, after Japan’s acquisition of Taiwan, Japan was enlarged. Apart from the Japanese isles, there were newly conquered regions. In this condition, an overarching concern throughout the whole pre-war period was how to transform the Japanese modern legal system from a legal system based on the concept of constructing Japan as a sovereign state into an empire legal system so that they could not only include the colony and the colonized subjects but also accord with the International Law. / This study attempts to investigate the establishment and applicability of the Security Laws in Japanese territory and Taiwan, to learn how different legal status between Taiwanese and Japanese in different times for different purposes in terms of legal issues. This study contributes to the study of the Imperial Japanese history. The methodologies are based on textual history and historical sociological theories to analyze the legal status of the Taiwanese under the Japanese Empire. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / 齊崇硯. / Parallel title from English abstract. / Thesis (M.Phil.) Chinese University of Hong Kong, 2015. / Incluwldes bibliographical references (leaves 126-131). / Abstracts also in English. / Qi Chongyan.

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This thesis is an investigation into the effects of the 1992 böryokudan countermeasures law (böryokudan taisaku ha or, more simply, bötaihö) on Japan's organised crime syndicates (böryokudan or yakuza). Underlying this examination is a functionalist perspective of organised crime which rests on the premise that, far from being unambiguously socially dysfunctional, organised crime groups exist because they satisfy needs held by various sections of society (both in the upper and underworlds). This approach demystifies many of the supposedly unique aspects of the böryokudan/yakuza (such as yakuza-authority symbiosis) and places Japan within the compass of modem organised-crime studies. An empirical overview of the böryokudan's development from 1945 to 1992 shows that the prime dynamic behind this evolution has been the legal and law-enforcement environment within which these groups exist and that frequently the impact of these changes has been socially undesirable. Attempts to examine whether or not the bötaihö has similarly exacerbated organised criminality in Japan are hampered by the collapse of Japan's bubble economy in 1990. This event had profound consequences for boryokudan groups rendering many activities unviable, whilst simultaneously creating new opportunities. Despite these extraneous considerations, the bötaihö has had an observable impact on many aspects of the böryokudan's activities and some of these consequences have been socially undesirable. The legal analysis of the bötaihö is placed in the wider context of international organised-crime control measures, in particular America's RICO statutes and European laws, both of which were highly influential in the debate within Japan concerning the framing of new anti-böryokudan laws. The thesis concludes by arguing that the radically different structure of the bötaihö, vis-ä-vis these alternative models, is part of a wider reversion to pre-war legal and policing norms in which, in addition to enforcement of the criminal law, the police also exercise considerable administrative powers.