December 15, 2017

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Okinawa and the Government of Japan Sue Each Other

On December 25, 2015, Okinawa prefectural government filed a lawsuit against the government of Japan in the Naha local court. The lawsuit is called 抗告訴訟 (kokoku sosho), which is a complaint based on the abuse of power by the Ministries. Okinawa prefectural government is asking the Naha court to reinstate the Okinawa prefecture’s injunction against the the Henoko sea reclamation. The reclamation project was approved by the Minister of Land, Infrastructure, Transport and Tourism.

The government of Japan filed for lawsuit called 代執行 (dai shikko) in November of last year.

A dai shikko is a legal action claiming that a governor has violated an order of a minister of the national government while a local government is taking an action on behalf of the government of Japan. If the violation harms the public interest, the minister can order compliance by the governor and if the governor does not comply, then dai shikko action can be filed in high court. If the minister wins the lawsuit, he or she can correct the violation on behalf of the governor.

The Henoko construction led to dueling lawsuits between the national and Okinawa governments.

Source: Asahi Shimbun


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