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Making Japan Pay for its East Asian Occupations (1941-1945): A New Modality for International Law?

Citation

Price, Rohan, Making Japan Pay for its East Asian Occupations (1941-1945): A New Modality for International Law?, China - EU Law Journal, 2, (1-2) pp. 5-34. ISSN 1868-5153 (2013) [Refereed Article]

Copyright Statement

Copyright 2013 Chna-EU School of Law

DOI: doi:10.1007/s12689-013-0021-9

Abstract

Although they were never confirmed conquerors, the total waiver for loss and damage caused by the Japanese in the Pacific war under Article 14(b) of the Treaty of San Francisco conferred a blanket sovereign immunity on them in the jurisdictions they invaded including the Philippines, Malaya, Singapore and Hong Kong. As occupiers under the Convention (IV) respecting the Laws and Customs of War (the Hague Regulations) the evaluation of Japanese state practice and liability to pay compensation arising from misuse of civilian-owned private property rests entirely on the validity of Article 14(b). This paper takes the prospects of the Hong Kong Chinese of winning individual-to-state reparations as an example of how a new reparations model could work. In particular, it surveys financial losses that were incurred by them during the Japanese Occupation (1941–1945). The misapplied sovereign immunity granted to the Japanese for wartime loss and damage under Article 14(b) has allowed them to escape evaluation as occupiers. But recognizing Article 14(b) as void would not necessarily open the flood gates if the moderating elements of military necessity and an occupant’s monetary policy prerogative were applied. Thus, rather than focus on the loss of value of money through confiscatory currency exchange rates, rampant price inflation or demonetization, a new reparations claim should focus on money taken by the Japanese of non-Kwomintang Hong Kong Chinese in house-to-house requisition drives and from bank deposit accounts.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law
Research Field:International Law (excl. International Trade Law)
Objective Division:Law, Politics and Community Services
Objective Group:Other Law, Politics and Community Services
Objective Field:Law, Politics and Community Services not elsewhere classified
Author:Price, Rohan (Mr Rohan Price)
ID Code:99447
Year Published:2013
Deposited By:Faculty of Law
Deposited On:2015-03-24
Last Modified:2015-04-29
Downloads:0

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