Background: Diplomats or consuls can be declared persona non grata (PNG) by receiving states. In many cases, it is declared for security reasons, claiming that issues caused by sending states are matters of national security of receiving states. The extant literature focused on legal aspects of it regarding diplomatic immunities and privileges, but the declarations of PNG in international affairs require considerations from security studies. Methods: Security is a social construct, and the process of construction is explained by securitisation theory by the Copenhagen School and the Paris School. The paper conducted an overview of PNG by a general examination of the declarations of PNG with securitisation theory. Further examinations were done focusing on series of the declarations of PNG during the Russian invasion of Ukraine in 2022. Along with the overall examination of PNG during the crisis, the analysis of the declaration of PNG to a Japanese Consul in Vladivostok, Russia was conducted as a unique case. Results: Generally, declaration of PNG is a result of securitisation within normal politics as the Paris School theorised, not exceeding normal politics as the Copenhagen School theorised. Also, two implications to the theory were found: 1) the need to focus on the existential threat; and 2) the need to consider a sphere of gradation between normal and emergency politics. The massacre in Bucha, Ukraine triggered many declarations of PNG, indicating that the cause of the securitisation of PNG was the massacre as an existential threat. The case of Vladivostok was a deviation from normal politics with a possible illegal detention of the consul, but the declaration of PNG itself is within normal politics. Rather than seeing the case simply as in the realm of emergency politics, it is better interpreted as a mixture of normal and emergency politics.
Since March 2020, the Act on Special Measures for Pandemic Influenza and New Infectious Diseases Preparedness and Response has been a significant statute in dealing with COVID-19 in Japan. The Act mandates requests, instructions and orders for business suspension and shortened business hours, as well as stay-at-home requests. These measures limit freedom of movement and establishment, guaranteed rights under the Japanese Constitution. This article poses the following research question: “Does the Japanese Constitution allow measures against COVID-19 such as requests, instructions and orders for business suspension and shortened business hours, and stay-at-home requests?” It also asks: “Are measures with penalties allowed by the Constitution?” given the fact that the penalties were introduced in February 2021. This paper introduces constitutional concepts that guarantee or limit individual freedom. Concepts that guarantee individual freedoms include freedom of establishment and movement. These freedoms derive from the constitutional values of freedom to choose one’s occupation and choose and change one’s residence (Art. 22) and the right to own or hold property (Art. 29). Concepts that limit individual freedom include the right to life (Art. 13), welfare rights and public health (Art. 25), and public welfare (Art. 13). Individual freedom that threatens right to life, welfare rights and public health, and public welfare may not be guaranteed. This paper argues that the Constitution allows the measures against COVID-19 limiting freedom of establishment and movement from the perspectives of the right to life, welfare rights, public health, and public welfare, and the government is responsible for reducing the risk to life from COVID-19. It also argues that the Constitution permits measures with penalties, while proportionality needs to be considered.
Since March 2020, the Act on Special Measures for Pandemic Influenza and New Infectious Diseases Preparedness and Response has been a significant statute in dealing with COVID-19 in Japan. The Act mandates requests and orders for business suspension and shortened business hours, as well as stay-at-home requests. Although there have been no penalties as of January 2021, these requests and orders limit freedom of movement and establishment, guaranteed rights under the Japanese Constitution. This article poses the following research question: “Does the Japanese Constitution allow measures against COVID-19 such as requests and orders for business suspension and shortened business hours, and stay-at-home requests?” It also asks: “Are measures with penalties allowed by the Constitution?” This paper introduces constitutional concepts that guarantee or limit individual freedom. Concepts that guarantee individual freedoms include freedom of establishment and movement. These freedoms derive from the constitutional values of freedom to choose one’s occupation and choose and change one’s residence (Art. 22) and the right to own or hold property (Art. 29). Concepts that limit individual freedom include the right to life (Art. 13), welfare rights and public health (Art. 25), and public welfare (Art. 13). Individual freedom that threatens right to life, welfare rights and public health, and public welfare may not be guaranteed. This paper argues that since measures against COVID-19 are considered public welfare, the Constitution allows the limiting of freedom of establishment and movement. Furthermore, from the perspectives of the right to life, welfare rights, and public health, the government is responsible for reducing the risk to life from COVID-19. It also argues that the Constitution permits measures with penalties, while proportionality needs to be considered.
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