ABSTRACT
This chapter examines the so-called international ‘mutual legal assistance treaties/agreements’ in criminal matters that Japan has concluded, namely (1) the Japan–US MLA Treaty (July 2006), (2) the Japan–Korea MLA Treaty (January 2007), (3) the Japan–China MLA Treaty (November 2008), (4) the Japan–Hong Kong MLA Agreement (September 2009), (5) the Japan–EU MLA Agreement (January 2011) and (6) the Japan–Russia MLA Treaty (February 2011). After a brief introduction to Japan’s historical approach to mutual legal assistance, the chapter compares the type of assistance, the authorities involved and the grounds for refusal of cooperation included in each agreement. The analysis relies on a positive law approach whilst incorporating some reflection on legal theory concerning the rationale for the inclusion of specific grounds for refusal. Overall, the comparison shows that the EU–Japan MLA Treaty stands out among the various agreements concluded by Japan, both in terms of the type of assistance provided and available grounds for refusal.
