Japanisches Immigrationsrecht: historische Entwicklung und einige gegenwärtige Probleme in den Beziehungen zu benachbarten Rechtsgebieten

Abstract

SUMMARY

This paper deals with Japanese immigration law. The author begins his analysis by tracing the historical development of immigration law in Japan. He describes how two hundred years of isolation were ended by force in 1853 and followed by a period characterized by a liberal immigration policy. This policy changed with the beginning of WWI. After WWII, control of immigration was, like legislation in general, under the influence of the allied forces. In this context, the author focusses on the peculiarities of the legal status of the Koreans and the Taiwanese. Using case examples, the author then goes on to illustrate how immigration law relates to three further areas of law: private international law, citizenship law and, using the Convention on the Rights of the Child as an example, public international law. The author comes to the conclusion that the current problems related to immigration law stem from a change in family life in Japan. He argues in favor of further regulation of basic principles of immigration control on an international level to ensure the effectiveness of foreigners’ rights guaranteed by norms outside immigration law. (The Editors)