Japanese Legal Discourse on Article 9: An Analysis of Japan Self Defense Force and Politics of Nuclear Umbrella

Abstract

Article 9 of the Japanese Constitution has long been a subject of extensive legal discourse, both domestically and internationally. This article, famously known as the "peace clause," renounces the use of war as a means of settling international disputes and prohibits Japan from maintaining military forces. However, it allows for the existence of a "self-defense force" necessary for the country's defense. The interpretations and implications of Article 9 have evolved over the years and have profound consequences for Japan's foreign policy, defense posture, and its relationship with the United States, particularly in the context of the "nuclear umbrella." This article has explored the Japanese legal discourse surrounding Article 9, analyzed its historical evolution, and examined its implications on the politics of the nuclear umbrella. In this intricate tapestry of legal discourse, we find a nation navigating the delicate balance between its historical commitment to pacifism and the pressing demands of its security in an increasingly uncertain world. Japanese legal discourse on Article 9 stands as a testament to the enduring complexities of a nation's identity and its quest for a peaceful and secure future. The research is deductive in nature and uses qualitative case study design to implicate the subject matter and to reach objective understanding of the Japanese legal discourse on article 9 of its constitution.