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Legal Technical Assistance to Asia
Providing Intellectual Assistance as a Peaceful Nation
Rather than Compelling Japanese Law onto Others

Providing International Assistance as a Peaceful Nation


How is the Ministry of Justice tackling legal technical assistance?
We asked Mr. Shotaro Tochigi, the Head of the General Affairs and Planning Department of the Ministry of Justice Research and Training Institute on his views on Japan's legal technical assistance to surrounding regions.

I believe that Japan has an obligation to provide legal technical assistance as a form international aid. In Asia, there are countries which
are in the process of transforming from a government-controlled economy to a market-oriented economy. They need to establish a legal system which can adapt to their new situation. Thus, there are requests from countries for legal technical assistance. If we compare nations by their per capita GNP,
Japan's is approximately $35,000 whereas that of both Vietnam and Cambodia are around $300. As was the case during the Meiji Restoration in Japan, it would be very difficult for surrounding Asian nations to construct a legal framework on their own. As Japan is an economic superpower, I believe that it is our duty to assist neighboring nations. At the same time, as a peaceful nation, it is appropriate to provide intellectual assistance such as legal technical support and development of human resources as one method of international aid.

On the other hand, I think there are xpectations from recipient countries.

Japan is the one Asian nation which established itself as a prominent economic country, adopting the Western legal system over the hundred year span since the Meiji era. I think there is a strong demand by others to learn from this process.

The Ministry of Justice is involved in the following areas: the criminal justice field with the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) and legal technical assistance to Vietnam, Cambodia and Laos in the civil and commercial fields.

Since UNAFEI operates under the UN and Japan, it limits the field to criminal justice under the specific agreement. However, since we do not distinguish legal technical assistance between criminal and civil, we believe that our past activities within UNAFEI and our recent activities for civil and commercial law are inseparable.

In fact, in the criminal justice field, the Ministry of Justice conducted training this year outside of UNAFEI activities for the Vietnam's People's Supreme Court and the criminal justice system to prevent corruption. This was conducted with the cooperation of the Supreme Court.


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