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Analyses of the Progressive Realisation of the International Covenant on Economic, Social and Cultural Rights and its Minimum Core Obligations
論説The International Covenant on Civil and Political Rights(ICCPR)and the International Covenant on Economic, Social and Cultural Rights(ICESCR)were initially intended to be one human rights treaty, but were later drafted as two separate treaties. Unlike the ICCPR, Article 2 paragraph 1 of the ICESCR imposes on States Parties an obligation to progressively achieve the full realisation of the rights enumerated in the Covenant. This means States Parties have broad discretion about how and when to take measures. Since there were concerns that this might result in inaction, the Committee on Economic, Social and Cultural Rights introduced ʻminimum core obligationsʼ, a baseline of essential obligations that States Parties should discharge regardless of domestic circumstances. As recent state reports and concluding observations demonstrate, when the Committee observes that the minimum core obligations might not be fulfilled, the State Party should address the situation and explain its measures to the Committee. In response to these obligations, the United Kingdom, for example, has various mechanisms aimed at discharging the obligations to take steps towards progressive realisation, and Japan could model its approach on to comply with the ICESCR.日本学術振興会24K22575日本が負う人権条約上の義務、その国内実施の現況と将来―気候変動対策を見据えて本研究は2024―25 年度日本学術振興会科研費24K22575 の助成を受けた
Thurgood Marshall’s Argument on the Unconstitutionality of the Death Penalty : The “Marshall Hypothesis” Concerning the Death Penalty and Public Opinion
論説This paper examines Justice Thurgood Marshall’s hypothesis concerning the constitutionality of the death penalty and public opinion, and also his entire argument on the death penalty. The Supreme Court of Japan appears to have upheld the constitutionality of the death penalty by referring to public sentiment. In Furman and Gregg, U.S. Supreme Court Justice Thurgood Marshall discussed the relationship between the constitutionality of the death penalty and public opinion. The argument is known as the Marshall Hypothesis:(1)the public knows very little about the death penalty, and(2)when provided with information, they would find it unacceptable and unconstitutional. After reviewing the changes in attitudes toward the death penalty among three Justices through their experiences on the Supreme Court, this paper argues that guaranteeing the potential for change through information disclosure is a prerequisite for appealing to public opinion. In fact, Marshall’s argument for the unconstitutionality of the death penalty was not primarily based on public opinion, but rather emphasized the importance of procedural protections, including the right to effective assistance of counsel. However, his argument is consistent in demanding a reasoned judgment based on the facts and information regarding the death penalty
Cash Demand and Demographic Changes in Japan
This paper examines the future evolution of cash demand in Japan, amid rapid demographic aging and the increasing adoption of cashless payments. Despite a decline in cash use for daily transactions, aggregate cash demand has remained stable, likely due to cash hoarding by older generations. Using survey data from 2021 that separates cash held for daily use and hoarding purposes by age group, we project cash demand through 2070. Our baseline scenario assumes constant cash-holding behavior by cohort, while an alternative scenario incorporates reductions reflecting the spread of cashless payments. Adjustments for the underrepresentation of high-cash-holding households are made using methodologies from the distributional national wealth literature, which employs Pareto distributions to align microdata with aggregate statistics. Results suggest that cash on hand (COH) will decline by 1.5%–2.4% annually, and cash at home (CAH) by about 1% annually. The rate of decrease in cash demand is faster than the population decrease of 0.7%, as we assume that future older individuals will hoard less cash than current older individuals, and future younger individuals will use less cash for day-to-day payment due to the spread of cashless payments. We find that a 1% rise in deposit rates would cause a 20% decrease in CAH demand, a much stronger effect than demographic aging. Finally, we discuss the implications for the Bank of Japan’s balance sheet, as declining cash demand could increase the Bank’s cost burden during monetary tightening
Fiscal Inflation in Japan : The Role of Unfunded Fiscal Shocks
We investigate the extent to which fiscal factors have contributed to inflation in Japan over the past four decades. Despite sustained fiscal expansion and rising debt since the 1990s, inflation remained low until recent years. Using the medium-scale DSGE model developed by Bianchi et al. (2023), we estimate the model with Japanese data and find that, in contrast to the U.S. case, unfunded fiscal shocks are not the main drivers of inflation in Japan. Instead, real demand and supply shocks, along with accommodative monetary policy, have played more significant roles in shaping inflation dynamics.First draft: July 2005. This draft: September 202
International Transfers of Green Technology and Carbon Mitigation Outcomes
Article 6 of the Paris Agreement seeks to foster international cooperation between developed and developing countries in curbing global carbon emissions. Central to this provision is the facilitation of international transfers of green technology and carbon mitigation outcomes. Through this mechanism, developed countries transfer their green technology to developing countries to help them mitigate emissions. In return, developing countries transfer emission permits equivalent to the mitigated outcomes to developed countries to alleviate their abatement burden. This study employs an international oligopoly model to explore the implications of green technology transfer (GTT) and international transfer of mitigated outcomes (ITMO) on welfare, emission permit issuance and global emissions. We find that once successfully implemented, these transfers consistently improve global welfare. Moreover, when permits are determined non-cooperatively by the countries, the implementation of GTT and ITMO leads to a reduction in global emissions.Japan Society for the Promotion of Science23K12460Market-Based Emission Permits and Border Carbon AdjustmentsFinancial support from the Japan Society for the Promotion of Science (Grant Number: 23K12460) is gratefully acknowledged
Efficiency of the Equity Markets in the Prewar Japan VIII:Including Data up to 1943
This paper tests efficiency of the equity markets in the prewar Japan. I try semi-strong form tests of all types of trading, that is, the long-term and short-term futures trading and cash transaction, using macro-economic indices and firms’ dividend, capital stock change, and business news including life insurance companies’ trading as explanatory variables. The new and old equities of Kanebo Ltd and other equities of 13 companies are included. Tests period is between 1927 and 1943, and is split at March 1936. According to the test results, some equities were efficient in total period or in split periods, and others were inefficient. These results may be explained using increase of trading volume, variance of stock price, numbers of total stockholders and active stockholders, and ratio of big stockholders