1. What is the title, rank and position of the Legal Adviser?

The Legal Adviser of Japan holds the position of “Director-General of the International Legal Affairs Bureau of the Ministry of Foreign Affairs”. The title of “Legal Adviser” is also allowed to be used.

All international legal matters are dealt with by the International Legal Affairs Bureau (hereinafter referred to as “ILAB”) headed by the Director-General (Legal Adviser). ILAB is a bureau of the Ministry of Foreign Affairs of Japan (hereinafter referred to as “MOFA”). MOFA conducted an organizational reform on 01 August 2004, at which time the Treaties Bureau was reorganized into the ILAB.

2. What are the principal functions of the OLA?

The principal functions of the ILAB are the consideration of foreign policy matters pertaining to international law, the conclusion of treaties and other international agreements, the interpretation and implementation of treaties and other international agreements as well as customary international law, the handling of international legal matters that need to be addressed by the Government, and the handling of matters concerning relevant international fora, including the ICJ, the PCA, the ICC, the ILC and the AALCO.

The ILAB’s principal functions also include settlement of disputes based on treaties and other international agreements pertaining to the economic field. This function was previously under the responsibility of the International Trade Division in the Economic Affairs Bureau, but it was transferred to the International Legal Affairs Bureau during the organizational reform on 03 August 2020 to strengthen expertise and functions relating to the dispute settlement under the dispute settlement provisions of WTO agreements, economic partnership agreements, investment agreements, and other related agreements through a holistic perspective on various dispute settlement mechanisms based on international law.

3. Please give a brief description of staff employed by the OLA, including overseas staff. What is the distribution of posts between men and women within the OLA and what category of staff do they respectively belong to?

There are approximately 110 staff, including administrative staff, in the ILAB. The vast majority of the positions in the ILAB are assigned to career diplomats who are subject to the principle of rotation. There are also several lawyers (around 5 to 10) with fixed terms of office and several seconded officials (around 5 to 10) from the Ministry of Justice, the Ministry of Defense, and the Ministry of Finance in the ILAB.

In addition, there is a so-called “Legal Advisor” at the Permanent Mission of Japan to the United Nations in New York; this position is assigned to a career diplomat who is subject to the principle of rotation. Also, a “senior legal officer” is currently assigned to the Mission of Japan to the African Union in Addis Ababa.

The Personnel Division of the MOFA is responsible for the recruitment of staff, including those of the ILAB and overseas diplomatic establishments. With regard to the assignment of the personnel in the MOFA including in the ILAB, the MOFA has a policy to appoint the right people for the right posts, without any gender discrimination, based on a comprehensive consideration of the abilities, aptitudes, and stated preferences of the staff. The distribution of male and female staff employed in MOFA are approximately 65% and 35%, respectively, and the ratio is comparable in the ILAB.

4. Are there any specific recruitment and promotion policies, provisions and/or quotas to ensure non-discrimination and equal opportunities, e.g. for the underrepresented sex, for persons with disabilities or for persons belonging to ethnic or religious minorities or of immigrant origin?

Recruitment and promotion of foreign service employees are conducted in accordance with the rules of the National Public Service Act. Article 27 of the Act clearly stipulates that all citizens must not be discriminated against due to race, creed, sex, social status, or family origin.

For disabled employees, the Act to Facilitate the Employment of Persons with Disabilities stipulates a statutory employment rate. In addition, under the Foreign Service Act, all foreign service employees are required to only have Japanese nationality.

5. Is OLA staff trained on gender equality issues and are these issues mainstreamed into the OLA’s work?

There is no training centered on gender equality issues.

6. Briefly describe the organisation and structure of the OLA.

The ILAB is headed by the Director-General (Legal Adviser), assisted by the Deputy Director-General (Deputy Legal Adviser), and comprises 7 divisions, each headed by a director.

International Legal Affairs Bureau
-> International Legal Affairs Division
---> Law of See Division
---> International Judicial Proceedings division
-> Treaties Division
-> Economic Treaties Division
-> Economic Dispute settlement Division
-> Social Treaties Division

The principal functions of each division are as follows:

The International Legal Affairs Division is in charge of overall coordination within the ILAB, the interpretation and implementation of customary international law, matters concerning relevant international fora, including the ICJ, the PCA, the ICC, the ILC and the AALCO, and the research and study on international legal matters.

Within the International Legal Affairs Division there are also the Law of the Sea Division (in charge of matters related to the Law of the Sea) and the International Judicial Proceedings Division (in charge of providing advice on judicial proceedings before the ICJ, the PCA, the ICC and under the UN Convention on the Law of the Sea). Each division is headed by an individual director separate from the director of the International Legal Affairs Division (Assistant Legal Adviser).

The Treaties Division, the Economic Treaties Division, and the Social Treaties Division are in charge of the conclusion, interpretation and implementation of treaties and other international agreements and the research and study on each specified area; that is, all matters excluding the matters covered by the other two divisions, the matters pertaining to the field of economy or economic cooperation, and the matters pertaining to the social field, respectively.

The Economic Dispute Settlement Division is in charge of the settlement of disputes based on treaties and other international agreements pertaining to the economic field.

7. What is the OLA’s place within the Ministry of Foreign Affairs?

The ILAB, headed by the Director-General (Legal Adviser), handles matters of international law and legal matters concerning foreign relations, and the conclusion of treaties and other international agreements. In this connection, the ILAB is consulted and provides advice on all issues in which legal points arise.

8. What are the main contacts of the OLA within Government?

The ILAB not only provides legal advice within MOFA, but also serves as the center of expertise on international law for the Government as a whole. As such, the ILAB is consulted by other Ministries, including the Ministry of Justice, when international law issues arise.

9. Please describe the relations of the OLA with lawyers in private practice, academics and legal institutions.

The ILAB enjoys strong relations with lawyers in private practice, academics, and legal institutions. The ILAB not only employs several private lawyers as fixed term officials, but also consults with private law firms on legal matters.

The ILAB frequently hosts study groups to discuss topical issues in international law and invites academics to participate in the discussions. Some members of the ILAB staff regularly teach courses at law faculties of universities in Japan.

In addition, the ILAB occasionally works with the Japan Federation of Bar Associations to organize events to increase awareness of opportunities in the international legal field, and the Director-General (Legal Adviser) sits on the board of directors of the Japanese Society of International Law, among other boards.

Beginning in 2023, the ILAB, in partnership with private law firms and other legal institutions, organizes the annual Tokyo International Law Seminar for officials and legal experts from Asia and Africa as well as Japanese lawyers in private practice and international law scholars, with the aim to promote the rule of law in the Indo-Pacific region.

10. Please provide a brief bibliography on the OLA, if available.