Double Aspects of Being a Sovereign State: Positive and Passive Aspects

“Sovereignty” and “a sovereign State” are frequently seen in the Media. For instance, in relation to the tense situation of the Senkaku Islands in the East China Sea, Japan has repeatedly emphasized its sovereignty and its strong intent to protect its sovereignty.

Then, what is the precise meaning in saying “enjoying sovereignty”, and “being a sovereign State”? In international society, a sovereign State is a subject of international law. What is the precise meaning of “a sovereign State” and “a subject of international law”?

After clarifying the double aspects of being a sovereign State: positive and passive aspects, these questions will be examined in the following order.

I. Double aspects of being a sovereign State: ① negative and passive aspect; ② positive and active aspect

① mainly means compliance of international law by a sovereign State. ② mainly means reformation and creation of international law by a sovereign State.

II. Japan’s Attitude toward International Law and Its Changes Since Its Acceptance of International Law: from the End of the Tokugawa Shogunate until the 21^st Century

III. What Possibilities and Opportunities Does Fundamental Structure of International Law Give a Sovereign State?

IV. How Does a Sovereign State Realize Its National Interest and General Interests of International Society in a Fine Compromise between Them in Accordance with the Current Characteristics of International Law?

V. Has Japan become “a Sovereign State” with Its Double Aspect in the Recent Pivotal Incidents?