Paragraphs 1 and 2 of Article 9 of the Constitution(1) Article 9 of the Constitution stipulates:"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.
Italy rejects war as an instrument of aggression against the freedoms of others peoples and as a means for settling international controversies; it agrees, on conditions of equality with other states, to the limitations of sovereignty necessary for an order that ensures peace and justice among Nations; it promotes and encourages international organizations having such ends in view.
Italy renounces war as an instrument of offense to the liberty of other peoples or as a means of settlement of international disputes, and, on conditions of equality with other states, agrees to the limitations of her sovereignty necessary to an organization which will ensure peace and justice among nations, and promotes and encourages international organizations constituted for this purpose.”.
Accordingly, paragraph 2 should be interpreted as prohibiting the maintenance of war potential that could be employed in the threat or use of force in order to settle international disputesto which Japan is a party but not the maintenance of force for other purposes, namely self-defense(regardless of whether it be individual or collective) or so-called international contributions to international efforts.
To lift the alliance to its next phase, Japan was asked to: strengthen the state, revise the constitution, adopt a permanent law to authorize regular overseas dispatch of Japanese forces, step up the military budget, and make explicit support for the principle of use of force in settling international disputes.[1].
Many Japanese and foreign critics fail to realize that the Ashida version of Article 9 which passed the Diet and went into effect as part of the Constitution in 1947 prohibited the use of armed force only in order to settle international disputes, i.e., offensive force.
However, as noted in II., 1.,(1) above, it is not appropriate to interpret Article 9 as prohibiting even Japan's participation in collective security measures of the U.N. Such measures will not constitute the use of force as means of settling international disputes to which Japan is a party and therefore they should be interpreted as not being subject to constitutional restrictions.
Japan initiated a start in this direction by looking forward to a peaceful means in solving international issues by amending its Constitution by adding Article 9 which provides as follows: Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of its nation and the threat or use of force as a means of settling international disputes.
Article 11 of the Italian constitution states that"Italy rejects war as an instrument of aggression against the freedom of other peoples and as a means for the settlement of international disputes".
Italy similarly“rejects war as an instrument of aggression against the freedom of other peoples and as a means for the settlement of international disputes” in Article 11 of its post-war constitution.
Article 11 of the Italian constitution states that"Italy rejects war as an instrument of aggression against the freedom of other peoples and as a means for the settlement of international disputes".
Italy rejects war as an instrument of aggression against the freedoms of others peoples and as a means for settling international controversies; it agrees, on conditions of equality with other states, to the limitations of sovereignty necessary for an order that ensures peace and justice among Nations; it promotes and encourages international organizations having such ends in view.
Italy rejects war as an instrument of aggression against the freedoms of others peoples and as a means for settling international controversies; it agrees, on conditions of equality with other states, to the limitations of sovereignty necessary for an order that ensures peace and justice among Nations; it promotes and encourages international organizations having such ends in view.
国際紛争を解決する手段として」です。
As a means of settling international disputes.”.
国際紛争を解決する手段としては武力を用いることはない。
The use of force is not a way to resolve international disputes.
国際紛争を解決する手段としての。
As a means of settling international disputes.
武力の行使は、国際紛争を解決する手段としては用いない。
The use of force is not a way to resolve international disputes.
国際紛争を解決する手段としては武力を用いることはない。
We cannot use force as a means to solve international conflict.
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