Asia Policy: “Policy by Other Means: Collective Self-Defense and the Politics of Japan’s Constitutional Reinterpretation”

EXECUTIVE SUMMARY
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.
Main Argument
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.
Policy Implications
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.

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My latest analysis @CFR_org (Japan & Article 9: “70 Years of Politically Shifting Goal Posts”)

In recent years a widespread narrative presents post-2012 changes to Japan’s security policy and Article Nine’s interpretation as fundamentally unprecedented and “All About Abe.” The reality, however, is that Japan’s security policy has been undergoing evolutionary, incremental reforms for decades—under both conservative and moderate Liberal Democratic Party (LDP) and opposition leaders. Practically significant, de facto change—albeit within remarkably “sticky” normative bounds so far—has occurred repeatedly in response to changing external threat perceptions and shifting domestic political winds.

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Journal of Contemporary China: China’s Crisis Management Capabilities and Sino-Japanese Crisis (In)Stability

Since Tokyo’s September 2012 ‘nationalization’ of the Senkaku/Diaoyu Islands, Beijing’s use of military and paramilitary forces to challenge Japan’s decades-old effective administration has introduced a major source of uncertainty and risk into a volatile flashpoint between the world’s second- and third-largest economies. Specifically, China’s unprecedented operations increase the likelihood of an unintended incident in the surrounding waters or airspace. While neither side seeks conflict, how capable China and Japan are of rapidly and effectively preventing such an incident from escalating is a crucial, yet rarely-asked question. This is particularly true given the noxious state of Sino–Japanese political relations, infrequency of high-level dialogue, presence of nationalism potentially affecting leaders’ domestic political calculations, policy decision-making processes considered relatively slow and consensus-oriented, and the longstanding absence of bilateral crisis hotlines.
The question of how capable the two sides are at managing a crisis effectively is not merely an academic one…

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