Uncontent with barking up trees, Chinese plaintiffs switch to pissing in wind

Since Japanese courts will not award them compensation, Chinese plaintiffs are now suing the Japanese government in Chinese courts to claim damages for Japanese actions during World War II.

None of the more than 20 cases since the early 1990s had ended in success, Tong Zeng, a campaigner for the cause and chairman of the non-government Chinese Association for Claiming Compensation from Japan, was quoted on Monday as saying.

“The likelihood of us winning the cases in the Japanese courts, influenced by right-wing forces who show no remorse at all, is very small” the Beijing Times quoted Tong as saying.

The Japanese government insists that the issue of war reparations was settled by the 1951 San Francisco Peace Treaty, that formally ended the war, and by later bilateral treaties. It says all wartime compensation issues concerning China were settled by a 1972 joint statement establishing diplomatic ties.

But Chinese courts also had jurisdiction over the claims and could hand down more fair verdicts — by trial in absentia if necessary, Tong was quoted as saying, adding the number of the lawsuits might jump due to the lower cost.

Now, I’m sure a Chinese court can get around Paragraph 5 of the Joint Communique of 1972:

The Government of the People’s Republic of China declares that in the interest of the friendship between the Chinese and the Japanese peoples, it renounces its demand for war reparation from Japan.

‘Cuz, after all, it isn’t the government asking for reparations. But that’s besides the point.

Unfortunately for these plaintiffs, they’re obviously wasting their time, because you can’t effectively sue the Japanese government in China. This badly formatted but still useful summary details how foreign judgments are enforced in Japan. You have to go to Japanese court, and they have to make the following analysis before giving an injunction to enforce the foreign judgment.

Article 118 of the Code of Civil Procedure

A foreign judgment which has become final and conclusive shall have effect only if it satisfies the following conditions:

i. the foreign court has jurisdiction according to laws or treaties;

ii. where the defendant has lost the case, he was notified of the litigation by service of documents (except service by publication) or he had entered appearance before the foreign court;

iii. neither the judgment nor the procedure of the foreign court is contrary to the ordre public of Japan; and

iv. there exists reciprocity.

Japanese courts refuse to enforce foreign judgments on “public policy” grounds all the time. For instance, if a Japanese defendant is ordered to pay punitive damages by a U.S. court, no Japanese court will enforce that part of the verdict, because punitive damages are against “public policy” under Japanese law.

Given that these “right-wing” Japanese courts have already dismissed many claims for reparations, who’s to think that they’ll change their mind just because the case was tried in a different forum?

I’ll grant you that these new lawsuits in China will be a PR field day for the Chinese government. A verdict might come down; Chinese police might try to seize Japanese assets in China, or something crazy like that, and will probably make governments the world over scratch their heads about whether they really want to do business in the Middle Kingdom.

But that’s all they’ll be good for. Aside from having their issue publicized, the plaintiffs are not going to benefit. Meanwhile, watch as Sino-Japanese relations become even more screwed up. I’m glad to be living in Japan, where most people don’t subscribe to this lunacy (they have much more interesting lunacies here).

Asian History Carnival approaching – submissions needed!

The Frog in a Well group Asian history blog (unaffiliated, but good name) is hosting the third Asian History Carnival on March 5rd and is still short on good submissions. If you are a blogger who has written anything since the previous carnival on December 12th or a blog reader who has spotted something that they think would make a good submission, either email it directly to Jonathan Dresner or use this handy web form for submission. Interested bloggers are also invited to pass along this request to their own readers.

What sort of material is Jonathan looking for? I’ll just quote his description.

When recommending postings for inclusion in the carnival you may submit your own work or suggest good posts by someone else. You may submit multiple posts, but not by the same blogger. The host, of course, is not bound by such restrictions, though we will attempt to provide as much geographical and chronological coverage as possible. Carnivals will be limited to posts written since the previous installment. As with most such carnivals, each host has final, absolute, and arbitrary authority with regard to inclusion, exclusion, scope, scale, format and presentation.

You do not have to be Asian, an historian, or a carny (you do have to be a blogger, at least once); all you have to do is blog about Asian history. Our definition of Asia, for the purposes of this carnival, is pretty much the same as that of the Association for Asian Studies: East Asia, Central Asia, South Asia, North Asia, Southeast Asia, Far East, Middle East, Near East, all regions are welcome.

Those who are still unsure about what sort of material is appropriate, or just want to read something about history (Nice thing about history posts-unlike current events commentary, they don’t go out of date!) should check out the previous two roundups.

Carnival #2 – Muninn, Decmeber 12, 2005
Carnival #1 – Frog in a Well – Japan, October 10th, 2005

Please try and send in submissions by March 4 so that Jonathan has time to collate them and organize the post.

Lonely Japanese People

Asahi Shimbun’s Economic Observatory column repeats recent talking points of main opposition party Democratic Party of Japan, which boils down to “the LDP is selling you out to the Americans! Vote for us and we’ll protect you!”

Lonely Japanese People

On a personal note, as someone hailing from Japan’s “baby boom” generation, I actually experienced Japanese society becoming rich as a high rate of economic growth took place. However, this era was also the era in which large and medium sized families gave way to the nuclear family. We lost the “village society,” regional cooperation, and religion that protected us while binding individuals, but this was replaced in large corporations by the familistic lifetime employment. Presently, corporate family-ism and nuclear families are beginning to collapse as well.
Continue reading Lonely Japanese People

Coup attempt and crackdown in the Philippines – some background information

The NYTimes reports:

Saying that the Philippine government had foiled a military coup attempt and still faced the threat of violent overthrow, President Gloria Macapagal Arroyo declared emergency rule on Friday and banned rallies marking the 20th anniversary of the fall of Ferdinand Marcos, the former dictator.
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Ignoring the ban on rallies, former President Corazon Aquino, who remains a popular figure here, led thousands of demonstrators in a march through the financial district calling for Mrs. Arroyo’s resignation. The opposition has crystallized around allegations that Mrs. Arroyo rigged national elections in 2004, as well as charges of government corruption and human rights abuses, charges that she vigorously denies.

Mrs. Aquino urged Mrs. Arroyo to “make the supreme sacrifice by resigning.” Dozens of demonstrators were arrested.

Calls for Arroyo’s resignation are nothing new. Here is a photograph of graffitti saying “oust Gloria” that I took on December 7, 2005 on the wall of a street in a somewhat poor but not impoverished neighborhood of Manila.

Ever since the fall of Marcos in 1986 in the face of overwhelming popular protests, the threat of another such EDSA “people power” rebellion (named after a main street in Manila) looms every time the administration is in crisis. Not coincidentally, Aquino became president following the first EDSA rebellion-taking over for Marcos- and Arroyo became president by virtue of her being VP when the corrupt movie star and darling of the lower class electorate was forced out of office during EDSA 2. The big difference is that Aquino was a major organizer of the first EDSA, risking her life to protest against Marcos. And the threat was very real, as his government had killed her husband for political opposition. By contrast, Arroyo seems to be very much a typical politician.

Below I provide more detailed information, typed from a book published just last year on the political history of the Philippines, that I picked up during my recent trip there.

Excerpts from page 278-283 of State and Society in the Philippines, by Patricio N. Abinales and Donna J. Amoroso, 2005. I’ve bolded the most important bits.
Continue reading Coup attempt and crackdown in the Philippines – some background information

Akebono to Diet? – it’s not what you think

Atsushi Onita, ex-wrestler and member of Japan’s Upper House of parliament (Liberal Democratic Party, Proportional Representation) has publicly encouraged Taro Akebono, Sumo wrestling’s first non-Japanese Yokozuna, to make a run for a seat in next year’s Upper House election. Since retiring from Sumo entirely in 2003 to take up a career as a professional wrestler/kickboxer, Akebono (born Chad Rowan and raised in Hawaii) has seen his respectability drop quite a bit, not least because he keeps losing his big matches. However, it’s certainly possible that enough people will vote LDP to make him the first American Diet member. Daily Sports reports:

Akebono: Run in the Election!
Onita Calls on Akebono to Run in Next Year’s Upper House Election at LDP Headquarters in Nagata-cho

“Let’s light a fire under Nagata-cho!” (NOTE: Nagata-cho = Japan’s version of Capitol Hill) — Atsushi Onita (48), LDP Upper House member and self-described professional wrestling/fighting sport analyst, held an emergency press conference in Tokyo on Feb. 14 at the LDP Headquarters in Tokyo to make a “love call” for Akebono (36), the former Sumo Yokozuna and [naturalized] Japanese citizen, to run in the Upper House election next July. Onita elevated Akebono to the level of “the savior of professional wrestling” and even unilaterally offered to initiate him with a no-rope barbed-wire electric-explosive death match (Onita’s trademark). A national crisis may arise if a grand battle unfolds in a Diet-floor-turned-wrestling ring.

Onita, at a press conference the same day announcing the release of his new single, “FIRE!!” (released Feb. 15), started off, “The savior of professional wrestling is Akebono. I would like to hand over the catch phrase ‘FIRE’ that the pro wrestling world gave birth to and have him become the momentum for wrestling’s development and revival.” (NOTE: Listen to Onita’s band here by clicking the music note. “FIRE!!” does not seem to be up on the site yet. His music is surprisingly mellow for a guy who made a living throwing people into exploding barbwire!)

Certainly expectations are high for Akebono, who is taking the major wrestling groups All-Japan Pro Wrestling, NOAH, and New Japan Pro Wrestling by storm, but by “momentum for development and revitalization” Onita is referring to entering politics.

Onita (who is known as “the charisma of tears“) explained, “While enlisting the aid of politics, I would like him to carry out ambitious reform of professional wrestling. If Onita, Hiroshi Hase (Lower House, Ishikawa 1st District, another wrestler-cum-LDP Dietman), and Akebono come together then [we could put our heads together]” He then bluntly stated, “I want him to run in next year’s Upper House election. Only through overcoming that battle can he become the savior.”

The retired wrestler had scathing remarks for Akebono’s wrestling partner, Riki Choshu, “He’s training him normally, but normal just isn’t good enough. I want to initiate him with an Onita-Akebono no-rope barbed-wire electric-explosive death match,” proposing a subversive method of training.

Onita expressed full confidence in the recommendation, saying, “It’s OK, I don’t select people the way Takebe does,” referring to the controversy over LDP Secretary General Tsutomu Takebe’s strong endorsement of (now reviled) Takafumi Horie in the 2005 election. Onita says he wants to take Akebono to the Diet member meeting house to negotiate as early as next week.

Go for it, Akebono! I’ll get Mrs. Adamu to vote LDP if you run. Or better yet, run on a DPJ ticket!

Some background:

Japan has something of a tradition of professional wrestlers, actors, authors, athletes, and so on, in politics. Wrestling legend Antonio Inoki (who once fought Muhammad Ali and got knocked out and hospitalized by Hulk Hogan) formed the Sports & Peace Party in 1989 and became the first wrestler Diet member (PR). Recently, the Great Sasuke (JT, reg. req’d) made international headlines when he ran (and won) a seat in the Iwate prefectural assembly despite refusing to take off his wrestling mask.
Continue reading Akebono to Diet? – it’s not what you think

What do the Dalai Lama and Shoko Asahara have in common?

The new February 2006 issue of Wired has an article on how the Dalai Lama’s Tibetan Buddhist sect has gotten involved with Western neuroscientologists to do research into this field.

A decade later, [Doctor Richardson] got a chance to examine Tibetan Buddhists in his own lab. In June 2002, Davidson’s associate Antoine Lutz positioned 128 electrodes on the head of Mattieu Ricard. A French-born monk from the Shechen Monastery in Katmandu, Ricard had racked up more than of 10,000 hours of meditation.

Lutz asked Ricard to meditate on “unconditional loving-kindness and compassion.” He immediately noticed powerful gamma activity – brain waves oscillating at roughly 40 cycles per second – indicating intensely focused thought. Gamma waves are usually weak and difficult to see. Those emanating from Ricard were easily visible, even in the raw EEG output. Moreover, oscillations from various parts of the cortex were synchronized – a phenomenon that sometimes occurs in patients under anesthesia.

The researchers had never seen anything like it. Worried that something might be wrong with their equipment or methods, they brought in more monks, as well as a control group of college students inexperienced in meditation. The monks produced gamma waves that were 30 times as strong as the students’. In addition, larger areas of the meditators’ brains were active, particularly in the left prefrontal cortex, the part of the brain responsible for positive emotions.

Compare with this brief excert I translated the book Aum and I, written by convicted former cult member and medical doctor Ikuo Hayashi.

A book called Bodhisattva Sutra was published in September. The book tells that an initiation using what was later known as PSI had been developed. This was done by reading Asahara’s brain waves during meditation using electrodes, channel them, resonate another’s brain to match Asahara’s brain waves and cause then to have the same experience of meditation.

In the phone call, Asahara said to me, “Krishna Nanda, there is an interesting experiment that I wish to show you. Bring Nurse Komiya and Doctor K, and come quickly to the Seiryu Vihara.

When I arrived, I was surprised to see that there was an honest to God brain wave meter, and a room that has been electrically shielded how one has to for measuring brain waves that they called the shield room had been built. Murai, Nakagawa, and Dr. S has done research and written a program that could read brain waves into a computer and then re-send them.

If they could infuse the data of Asahara’s meditation, it would mean the birth of a new enlightened one, possessing the same “enlightenment” as Asahara.

Which possibility sounds best?

A) Both the Dalai Lama and Shoko Asahara are crazy to be interested in this field.

B) Studying the brain waves of a meditative state makes sense, but Asahara’s plan to transfer that state was insane.

C) Asahara had the right idea.

Or am I missing one?

Bombs vs. ports

Just a few days away from returning to Japan. While visiting a war museum in Charleston yesterday, I spotted these names painted on a WWII-era dive bomber:

Obviously, it’s a list of islands that the plane bombed. But I can’t help but think… if you put it in Book Antiqua with some nice photos, it could just as easily come from a cruise line brochure. Stick Honolulu on top and Yokohama on the bottom and you’ve got a nice little Hawaii-Japan trip.

(More profound blog posts coming soon, I promise. Still a little fried from cramming for my tax exam…)