Though what future path Japan-Taiwan relations will take is uncertain, in confronting these complicated challenges, Japan is not alone. Policy debates in Washington and other major democratic partners, including Australia, the UK, and the EU, evince similar dilemmas vis-à-vis democratic Taiwan, “One China,” and stable ties and economic exchange with an increasingly powerful, assertive, and authoritarian Beijing. At least so far, and as additional indicators of the vagueness and flexibility built into the “One China” framework, developments during the fiftieth-year post-normalization suggest many in Japan and beyond are eager to continue deepening support for and practical cooperation with Taiwan—even as their official positions on “One China” remain frozen in time…
In answering the “who interprets the constitution?” and “whose interpretation shall prevail” questions foundational to large literatures in both constitutional law and political science, the scholarship on constitutional review has generally focused on three competing models: judicial supremacy, legislative supremacy, and departmentalism. The former two schools argue that the buck should stop with the judiciary or the legislature, respectively, while not necessarily excluding other branches in the process. The latter, in contrast, essentially treats each branch as, in the words of political scientist Keith Whittington, “an equal authority to interpret the Constitution in the context of conducting its duties… [because] each branch of government has its own, non-overlapping set of interpretive responsibilities.”
What this massive and important debate has generally overlooked heretofore, however, is the prospect of a fourth model: de facto executive supremacy. The theoretical literature has also neglected a particularly compelling real-world case that suggests its viability: Japan’s Cabinet Legislation Bureau, at least under some conditions. Indeed, for 70 years Japan’s postwar CLB has exercised extraordinary influence over constitutional review in the world’s third largest economy. Throughout this period, it has acted as the de facto supreme interpreter of the constitution and draft statutes, despite the existence of a court explicitly empowered by Japan’s Constitution to do so.
By introducing Japan’s CLB to this important interdisciplinary literature, emphasizing the distinction between law in books and law in action, and comparing the CLB with France’s Conseil d’État and the U.S. Office of Legal Counsel, this article highlights the important role executive institutions can play in the law-making process in both theory and practice, discusses several preliminary implications of de facto executive supremacy as a “fourth” model of constitutional review, and calls on scholars to continue the debate. Several potentially fruitful avenues for future research related to the “whose interpretation shall prevail?” question, in particular, are to broaden the conventional scope of analysis in the study of constitutional review as a whole, and to conduct more theoretical, empirical, and normative research specifically on the prospects for de facto executive supremacy as a fourth model.
In April 2021, Japan’s then prime minister Yoshihide Suga and U.S. president Joe Biden made global headlines when they jointly “underscored the importance of peace and stability across the Taiwan Strait and encouraged the peaceful resolution of cross-Strait issues”—the first such reference in a summit-level statement since 1969. This statement catalyzed a striking degree of public discussion in Japan and expressions of concern about cross-strait stability from Japanese leaders. It also elicited widespread, though often misleading or inaccurate, assertions overseas that Japan’s position vis-à-vis a “Taiwan contingency” had abruptly or radically transformed. Especially given the proximity of Japan (and U.S. military bases in Japan) to Taiwan, soberly appreciating the complexity and incremental evolution of Japan’s nuanced and intentionally ambiguous positions and policies, as well as its unique domestic constraints, is critical. Doing so is especially crucial for policymakers to accurately assess the status quo, manage expectations within and beyond the alliance, and ensure sound decision-making as the cross-strait deterrence challenge seems all but certain to deepen in the years ahead.
My latest peer-reviewed article … an analysis of the history and contemporary policy implications of the post-1970s “One China” framework in international politics … has just been published by The China Quarterly. Given […]
My latest article … a brief analysis of a few reasons why political parties aside from Japan’s (ostensibly dominant) Liberal Democratic Party matter for understanding Japan’s security policy trajectory … has […]
In 1992, Korea’s first democratically-elected government was clearly eager to normalize relations with Beijing. Nevertheless, it did not give in to pressure to recognize Beijing’s ‘One China principle’ as it concerns the essential claim that Taiwan is part of the PRC. Coupled with this study’s historically- grounded case study and comparative analysis with the similarly vague U.S. and Japanese official positions and other countries’ ever-evolving ‘One China’ policies, this reality demonstrates that Seoul’s relative reluctance to publicly express support for or significantly expand practical cooperation with Taiwan is best understood as due to a succession of ROK leaders’ subjective political judgments about what is in Korea’s national interest—not any putative commitment made to Beijing thirty years ago…
To conclude that widespread narratives exaggerate Abe’s individual impact is not to deny his agency or influence. Abe altered Japan’s image as a nation plagued by frequent leadership turnover and struggling to exercise international leadership. He accelerated important institutional reforms, and his busy diplomatic schedule and active management of the foreign
policy apparatus reflected a clear desire to enhance Japan’s international stature. Undoubtedly, Abe left office in 2020 with a list of foreign policy accomplishments.
However, his track record also demonstrates that there are
clear limits on the ability of a Japanese leader to fundamentally transform the country’s foreign policy. To exaggerate the individual significance of any prime minister is to risk overlooking the other, sometimes larger forces reshaping Japan’s foreign policy trajectory—forces that will remain important even now that Abe has passed the baton to his successors.
For Japan in 2021, COVID-19-related disruption was again the dominant storyline. Its impact transcended societal consequences to affect Japan’s economy, politics, and foreign affairs. It frustrated Japan’s economic recovery and, for the second time in as many years, contributed to a prime minister’s premature resignation. Yet the year also witnessed major positive developments, including…
My latest publication… a short reflection on the big year for Japan-Taiwan relations that was 2021, plus a look ahead to 2022 … is now available *open-access (free)* via the […]
No Time to Waste
Ten years ago, the Obama administration pledged that the United States would pivot to Asia. It rightly identified the region as the “key driver of global politics,” called the US role “irreplaceable,” and articulated a compelling vision for leadership along six lines of action. The Trump administration repeatedly spoke of the Indo-Pacific as its priority theater and competition with China as a defining foreign policy challenge. Yet the record of the past decade reveals a recurring gap between rhetoric and action.
Although circumstances have improved significantly under Biden, after nine months warning signs are emerging. Notwithstanding the efforts of the administration’s Asia team, the United States is not back in the region—at least not yet. As the new administration and Congress look to learn from US missteps over the past decade, three top priorities should be: (1) re-centering US strategy on Asia, rather than China; (2) embracing a positive regional economic agenda; and (3) rebalancing significantly enhancing diplomatic and military resources to prioritize the region.
Despite America’s recent struggles, the importance of Asia to US interests and the core strategic logic of the pivot have only become clearer over the past decade. In addition to the rapidly growing region’s inherent economic and strategic importance, Asia is the central stage of a competition that will define key standards, rules, and norms of regional and global geopolitics and geo-economics for decades to come. This competition is not some far-off, future challenge. It is already here.
US leaders must humbly reflect on the shortcomings of past efforts and invest in a comprehensive agenda focused on positively shaping the region’s future. In the months and years ahead, the administration and Congress will have to act far more proactively, affirmatively, and multilaterally to ensure that this will truly be America’s Pacific century.
Japanese leaders in 2021 have made an unusual series of high-profile statements and comments concerning Taiwan and the Taiwan Strait. These appeared to crescendo last month, when global headlines asserted that July 5 remarks by Japan’s deputy prime minister meant “Japan pledges to defend Taiwan if China attacks” or marked a fundamental change in Japanese policy…
“It makes little difference how many times U.S. officials or congressional leaders say the United States is competing with China or pivoting, rebalancing, or shifting its focus to Asia. What matters more is what they actually do.”
My latest study … an analysis of recent developments in Japan-Taiwan relations and prospects for deeper Japan-Taiwan-U.S. cooperation beyond deterrence… was published yesterday by the nonpartisan Wilson Center as part of […]
JAPAN’S LEADERS BEGAN 2020 full of hope and expectation, and with lofty ambitions. As then-Prime Minister Abe Shinzō (2020a) proclaimed at his New Year’s press conference, “Together with the Japanese people, I will make this historic year . . . a year for carving out a new era for Japan.” Indeed, 2020 was not just any year. Perhaps more than any other in recent memory, the Japanese public (and Abe himself) had long anticipated that 2020 would be one for the history books. In 2013, Japan had been awarded the 2020 Summer Olympics and Paralympics. The following January, Abe predicted in a major policy speech that in 2020 Japan would “be newly reborn,” just as, he argued, it had been in 1964, the last time Tokyo hosted a Summer Olympics, just 19 years after Japan’s defeat in World War II (Asahi Shimbun 2014). In 2017, not only was it announced that 2020 would also be the first full year of Japan’s new Reiwa imperial era, but also Abe began repeatedly pledging that he would make it the year that Japan finally revised its (never-amended) US-drafted 1947 constitution—a deeply held ambition central to Abe’s personal and political legacy and a key pillar of the 1955 founding charter of his conservative Liberal Democratic Party (LDP).
But COVID-19 had other plans for Japan in 2020.
In a provocatively titled article published earlier this month, Nikkei reported that “Japan lawmakers want ‘Taiwan Relations Act’ of their own.” The article, which was published in English and attracted attention from U.S.-based Asia policy experts, further suggested that a “2-plus-2 dialogue among the foreign and defense ministers of Japan and Taiwan” is being discussed in Tokyo.
Were Japan’s National Diet to actually pass legislation analogous to the landmark U.S.’ 1979 Taiwan Relations Act or to set up a Cabinet-level government-to-government “2-plus-2 dialogue,” it would be a groundbreaking and historic development in Japan-Taiwan relations. It is therefore no surprise the article attracted so much attention in Washington, D.C.
But neither seems likely to happen…at least not anytime soon or in the manner many may assume.
My latest publication… an analysis of the significance and expected legacy of Japan’s Defense Reforms under Prime Minister Abe Shinzo (2012 – 2020) … is now available as part of […]
“…All the aforementioned challenges threaten foundational pillars of Japan’s economy and national security. Indeed, if the order were to collapse or the United States to “withdraw” or “abdicate” in the manner already suggested by some and feared by many, defining assumptions of Japan’s foreign policy would be fundamentally undermined…”
Taken collectively, the results suggest that Japanese citizens believe the liberal international order has been crucial to postwar national prosperity and peace and stability in the Asia-Pacific region. There is also robust support for Japan adopting a relatively more proactive posture in international trade and security affairs-within limits. In the economic domain, survey respondents strongly support the idea that Japan has benefited greatly from international free trade and should play a leadership role in that domain regardless of what the United States does. This comports with Solis’s argument that Japan is no longer a follower on free trade, as reflected in its effort to champion the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, also known as TPP-11) after the Trump administration’s withdrawal from the twelve-member Trans-Pacific Partnership in January 2017. With regard to security affairs, the survey reveals strong support for strengthening ties with the United States, for Japan deepening ties with other countries in the region as a counterweight to China, and for pursuing more robust defense capabilities to bolster deterrence, such as increased defense spending. These goals all appear congruent with U.S. policies.
“…This paper focuses on the competition between China and Japan over their festering territorial dispute in the East China Sea. Though political frictions over the Senkaku (Diaoyu in Chinese) Islands are decades-old, since a 2012 contretemps over the islands led Beijing to begin regular, provocative deployments of government vessels into the islands’ contiguous zone and territorial seas, the dispute has become the most significant geopolitical flashpoint and locus of security competition between China and Japan today…
In September 2019, Brookings Vice President and Director of Foreign Policy Bruce Jones convened seven Brookings scholars and affiliates — Richard Bush, Lindsey Ford, Ryan Hass, Adam Liff, Michael O’Hanlon, Jonathan Pollack, and Mireya Solís — to discuss Japan’s present and future path in this era of great power competition. The edited transcript below reflects their assessment of the current state of Japanese strategic choices.
My latest peer-reviewed article … an analysis of Japan’s strategy for dealing with China’s rise and critique of the idea that Japan is seeking a middle ground between the U.S. and China… […]
My latest analysis … of the rapidly evolving maritime gray-zone competition between China and Japan in the East China Sea … has just come out in print as part of a […]
My latest peer-reviewed article … an analysis of the puzzling durability of Japan’s LDP-Komeito ruling coalition, its theoretical significance, and its practical implications for Japanese politics and foreign policy … is now available […]
My latest piece… a concise overview of a few major reasons why Japanese Prime Minister Shinzo Abe and his Liberal Democratic Party face significant political headwinds as they attempt their […]
On 4 December 2018, Japan’s National Security Council (NSC) marks its fifth anniversary. Prime Minister Shinzo Abe’s administration established the NSC after a decades-long reform movement aimed at strengthening the prime minister’s office and addressing perceived weaknesses of previous national security institutions. Its creation was, and remains, a big deal. Leading experts on Japan’s foreign policy have deemed it ‘the most ambitious reorganization of Japan’s foreign and security policy apparatus since the end of World War II’.
Abstract: In 2013, Japan’s first-ever National Security Council (NSC) was established as the leading edge of ambitious reforms to Japan’s foreign policy-relevant institutions. Within weeks, Japan’s new national security tripod was firmly in place: the top-level, political NSC ‘control tower’, Japan’s first-ever National Security Strategy, and its first-ever National Security Secretariat. In the years since, the NSC has played a central role in every major aspect of the Japanese strategic trajectory that has attracted so much global attention (and controversy) in ‘the Abe era’. This study analyzes the motivations driving Japan’s decision to establish an NSC, the institution’s key characteristics, and offers a preliminary assessment of the current and likely future implications of this historic institutional reform. Beyond NSC’s impact on policy, of potentially greater long-term significance is its effects on Japan’s foreign policy decision-making processes: in particular, expanded Kantei-centered political leadership of national security affairs and more ‘whole-of-government’ approaches specifically designed to transcend the ‘vertical hurdles’ traditionally dividing Japan’s powerful bureaucracies. The goal of these reforms is as straightforward as it is ambitious: to transform Japan’s ability to flexibly and independently cope with a rapidly changing, increasingly complex, and ever more uncertain security environment in East Asia and beyond.
My latest peer-reviewed article … an analysis of Japan’s reforms to national security policy and institutions in the “Abe era” (since 2012)… has just been published by Texas National Security Review, an exciting new peer-reviewed journal based at the University of Texas and published by War on the Rocks.
My latest peer-reviewed article … an analysis of the evolution of Chinese views of the U.S. alliance system and its role in East Asian security… is published in the March 2018 […]
This article analyzes Japan’s landmark cabinet decision reinterpreting the constitution to allow the limited exercise of collective self-defense (CSD) in both a historical and a contemporary context and assesses its implications for the conditions under which Japan may use military force.
In July 2014, a historic cabinet decision reinterpreted Article 9 of Japan’s 1947 constitution to allow the use of force to aid an ally under attack, overturning 60 years of authoritative constitutional interpretations categorically prohibiting Japan’s exercise of CSD. The decision was followed by a revision of the U.S.-Japan Defense Guidelines and landmark legislation intended to transform Japan’s security policy. Yet the change is evolutionary rather than revolutionary. Japan’s self-imposed precondition for the use of force by the Japan Self-Defense Forces (JSDF) remains uniquely strict: an armed attack posing an existential threat to Japan’s security. Nor is this the first case of a major reinterpretation of Article 9. Though its original wording remains untouched, the article’s effective policy significance has changed repeatedly over 70 years in accordance with shifting domestic political winds and perceived strategic exigencies. Specific to post-2014 developments, understanding what changed and why—especially how Prime Minister Shinzo Abe and his allies’ push for full exercise of CSD failed—elucidates the strategic, political, and normative factors shaping changes to Japan’s security policy and the U.S.-Japan alliance.
While Japan may now legally exercise “limited” collective self-defense, unique, self-imposed conditions appear so strict that the use of force in support of allies or partners outside a defense-of-Japan scenario seems unlikely.
Security legislation in effect since 2016 opens up space for more expansive JSDF logistical support for U.S. military operations, bilateral planning, and exercises, as well as new authorities that somewhat resemble collective security or CSD operations in peacetime, including use of small arms during UN peacekeeping operations and protection of foreign militaries engaged in activities contributing to Japan’s defense.
Without formal constitutional revision (at a minimum), however, more ambitious efforts to fundamentally transform Article 9’s interpretation or the scope of scenarios in which Japan can use force overseas are unlikely without major domestic political realignments.
My latest peer-reviewed article… an analysis of the implications of recent institutional reforms–esp. the new National Security Council–for Japan’s crisis management capabilities…has just been published in the newest issue of Journal of […]