Table Of ContentEUROPE AND JAPAN COOPERATION
IN THE FIGHT AGAINST
CROSS-BORDER CRIME
This book is the frst to map and critically analyse the legalisation of EU–Japan
cooperation in criminal justice matters, charting the existing legal instruments
which regulate cooperation in the fght against crime between European States
and Japan.
It examines which forms of cooperation are regulated by EU law, and which
are not, and takes stock through selected case studies of the functioning in
practice of cooperation between the EU as an organisation, single European
States and Japan. The book focuses particularly on police cooperation, exchange
of electronic evidence, Mutual Legal Assistance, extradition, transfer of prisoners
and data exchanges. It looks at the EU–Japan MLA Agreement, the Europol–
Japan National Police Agency Working Arrangement, the negotiations on a PNR
Agreement, and the Council of Europe Convention for Transfer of Sentenced
Persons; all instruments aimed at regulating cooperation against crime between
European States and Japan. Finally, the book also looks at the implications for the
fght against crime of the EU–Japan Economic Partnership Agreement, Strategic
Partnership Agreement, and the European Commission Adequacy decision.
This book will be of key interest to scholars and students of EU criminal law,
EU–Japan cooperation, Japanese studies, transnational crime, and more broadly
to comparative criminal justice, International Relations, and security studies.
Shin Matsuzawa is Professor of Criminal Law at the School of Law, Waseda
University, Japan.
Anne Weyembergh is Professor of EU Criminal Law at the Université Libre de
Bruxelles, Belgium.
Irene Wieczorek is Associate Professor of EU Law at Durham Law School,
Durham University, UK.
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Assessing EU Leadership in Inter-regional Relations
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Europe and Japan Cooperation in the Fight against Cross-border Crime
Challenges and Perspectives
Edited by Shin Matsuzawa, Anne Weyembergh and Irene Wieczorek
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Globalisation-Europe-Multilateralism-series/book-series/ASHSER1392
EUROPE AND JAPAN
COOPERATION IN
THE FIGHT AGAINST
CROSS-BORDER CRIME
Challenges and Perspectives
Edited by Shin Matsuzawa,
Anne Weyembergh and Irene Wieczorek
Designed cover image: © Lily Van Vaerenbergh
First published 2023
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A catalogue record for this book is available from the British Library
ISBN: 978-1-032-25720-4 (hbk)
ISBN: 978-1-032-25725-9 (pbk)
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DOI: 10.4324/9781003284710
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CONTENTS
List of contributors vii
Acknowledgements xi
Preface xii
Introduction xiii
Irene Wieczorek
1 Transfer of prisoners and extradition cases between Europe
and Japan: Legal and practical challenges 1
Irene Wieczorek and Anne Weyembergh
2 An analysis of the seven mutual legal assistance (MLA)
agreements concluded by Japan and the uniqueness of the
EU–Japan MLA Agreement 25
Shin Matsuzawa
3 Norm difusion as a tool to uphold and promote EU values
and interests: A case study on the EU–Japan mutual legal
assistance agreement 43
Anne Weyembergh and Irene Wieczorek
4 EU law enforcement cooperation with non-EU countries: A
general overview and special focus on EU–Japan cooperation 76
Saskia Hufnagel
vi Contents
5 The adequacy decision on Japan under the General Data
Protection Regulation: What are the possible implications
for law enforcement exchanges? 100
Laura Drechsler
6 Is there an obligation not to cooperate with abolitionist
States?: Noting the gaps in and potential of the Japan–EU
Agreement on Mutual Legal Assistance in Criminal Matters 126
Megumi Ochi
7 EU–Japan cooperation in combatting cybercrime: From the
Strategic Partnership Agreement to global partnerships 147
Wilhelm Vosse
8 Direct cooperation relating to the collection of electronic
evidence in criminal investigations: The challenges for the
EU and Japan 165
Yurika Ishii
9 The right to an attorney in interrogations in Japan: Is the
Ghosn extradition case a turning point? 185
Dimitri Vanoverbeke
Index 207
LIST OF CONTRIBUTORS
Laura Drechsler is research fellow at the Centre for IT & IP Law (CiTiP) at the
KU Leuven - imec. Prior to that, she was a PhD candidate at the Brussels Privacy
Hub at LSTS at the Vrije Universiteit Brussel. Her research focuses on data sub-
ject rights in the context of data transfers. For her research she was awarded a
PhD fellowship from the Research Association Flanders (FWO). Additionally, she
received the third best paper award at the IRIS 2018 conference in Salzburg for
her paper on ‘Data as Counter-Performance: A New Way Forward or a Step Back
for the Fundamental Right of Data Protection?’. She completed her legal studies
at the University of Vienna and KU Leuven, specialising in European law, public
international law and human rights law. She holds an LLM in public international
and European law from KU Leuven (magna cum laude) from 2015. After her LLM
she worked for two years as a legal advisor and lobbyist for the Austrian Chamber
of Civil Law Notaries in Brussels and obtained hands-on experience of the EU
regulatory environment.
Saskia Hufnagel is Reader in Criminal Law and Co-Director of the Criminal
Justice Centre (CJC) at Queen Mary University of London, UK. She previ-
ously worked as a Research Fellow at the Australian Research Council Centre
of Excellence in Policing and Security, Grifth University, Australia, and was a
Leverhulme Fellow at the University of Leeds. During the completion of her
PhD, she taught at the ANU College of Law and between 2009 and 2011 she
held a permanent teaching position at the University of Canberra. She has pub-
lished extensively on the topic of global policing and police cooperation. Her most
recent monograph is Policing Global Regions – The Legal Context of Transnational Law
Enforcement Cooperation (Routledge 2021).
viii LIST OF CONTRIBUTORS
Yurika Ishii is Associate Professor at the National Defense Academy of Japan,
where she is in charge of the public international law course. Her areas of inter-
est include general public international law, law of the sea, and international and
transnational criminal law. She holds a LLB from the University of Tokyo, Faculty
of Law (Political Science Course), an LLM from Cornell Law School (with Rotary
Ambassador Scholarship), and a PhD from the University of Tokyo, Graduate
Schools for Laws and Politics with a thesis on international regulation of economic
crimes. She was a guest researcher at the Max Planck Institute for Comparative
Public Law and International Law (Heidelberg, Germany), Max Planck Institute
for Foreign and International Criminal Law (Freiburg, Germany), and Harvard Law
School (Cambridge, the United States, with Fulbright Scholarship).
Shin Matsuzawa is Professor of Criminal Law at the School of Law, Waseda
University, Tokyo, Japan. He is also a member of the Board of Directors of the
Japanese Society of Criminal Law. His main research interests are in the methodol-
ogy of criminal law and the comparative law of Scandinavian and Japanese criminal
law. He has recently expanded his research interests to include the basic theories of
criminal law and has conducted signifcant research in the areas of criminalisation
and punishment theory. Most of his work has been published in Japanese, but he
has also recently published articles and books in English. His most notable work is
a co-edited volume, Methodology of Criminal Law Theory (Nomos/Hart 2021), based
on his keynote lecture at an international symposium. Matsuzawa has presented at
the American Society of Criminology and the International Society for the Study
of Law and Society, and has given many lectures at universities in Asia (China) and
Europe (Scandinavian countries and Germany).
Megumi Ochi is Associate Professor at Ritsumeikan University (Graduate School
of International Relations), Japan. Before that she was Assistant Professor at Kyoto
University (Hakubi Center), Japan. She obtained her LLM at Leiden University,
the Netherlands, and PhD in Law at Osaka University, Japan. She is involved in
many international criminal justice activities. She is a Senior Fellow of Case Matrix
Network (CMN) and a committee member of the Young Penalist Committee of
the Association Internationale de Droit Pénale (AIDP). She has published exten-
sively on international criminal law, including aspects of international criminal
procedure, general principles of international criminal law, ne bis in idem princi-
ple, amnesty, extradition, and reparation. Her latest monograph is The System of
International Procedural Criminal Law: The Premise Theory and the Principle of Ne Bis In
Idem (Shinzansya 2020).
Dimitri Vanoverbeke is Professor of Sociology of Law at the Law Faculty of
the University of Tokyo, Japan. He was previously Professor at the KU Leuven,
Belgium, where he lectured in Japanese studies (law and society), in the Law
Faculty (Introduction to Japanese Law) and also in the Europe–Asia: Interactions
and Comparisons module of the Master of Arts in European Studies at the KU
LIST OF CONTRIBUTORS ix
Leuven (East Asian Politics). His current research interests relate to law and soci-
ety, policymaking, the function of legal institutions and the relationship between
law, politics and society in modern and contemporary Japan in a domestic and
international context. Book-publications include: Japan, the European Union and
Global Governance: (eds. Ogawa, Eiji, Raube, Kolja, Vanoverbeke, Dimitri, Wouters,
Jan, Van der Vorst, Camille) (Edward Elgar 2021); Global Constitutionalism from
European and East Asian Perspectives (eds. Suami, Takao, Peters, Anne, Vanoverbeke,
Dimitri, Kumm, Mattias) (Cambridge University Press 2018); Developing EU–Japan
Relations in a Changing Regional Context: A Focus on Security, Law and Policies, (eds.
Vanoverbeke, Dimitri, Suami, Takao, Ueta, Takako, Peeters, Nicholas, Ponjaert,
Frederik) (Routledge 2017); Juries in the Japanese Legal System: The Continuing
Struggle for Citizen Participation and Democracy (Routledge (Asian Law Series) 2015);
The Changing Role of Law in Japan: Empirical Studies in Culture, Society and Policy
Making (eds. Vanoverbeke, Dimitri., Maesschalck, Jeroen, Nelken, David, Parmentier,
Stefan) (Edward Elgar Publishers 2014).
Wilhelm Vosse is Professor of Political Science and International Relations and
Chair of the Department of Politics and International Studies at the International
Christian University (ICU) in Tokyo, Japan. He held visiting researcher positions
at the University of Warwick, UK, St. Antony’s College, University of Oxford, UK,
and the Reischauer Institute of Japanese Studies at Harvard University, USA. Before
joining ICU in 2000, he was a lecturer in the Department of Policy Management at
Keio University (SFC), Japan, and the Institute of Political Science of the University
of Hanover, Germany. His research interest is in Japanese foreign and security pol-
icy and EU–Japan security ties. His current research projects analyse Japan’s cyber-
security cooperation with the EU and NATO, and cyber diplomacy more broadly.
He is the author of numerous book chapters and journal articles on Japan’s
security and defence policy and the co-editor of fve books. The most recent are
New Directions in Japan’s Security: Non-U.S. Centric Evolution (Routledge 2020),
Japan’s New Security Partnerships (Manchester University Press 2018); and Governing
Insecurity in Japan. The Domestic Discourse and Policy Response (Routledge 2014).
Anne Weyembergh is Professor of EU Criminal Law at the Université Libre de
Bruxelles, Faculty of Law and Institute for European Studies, Brussels, Belgium.
She co-founded the European Criminal Law Academic Network (ECLAN) and
has been co-coordinating the Network since then. She is co-Editor in Chief of the
New Journal of European Criminal Law, General Editor of the EU Criminal Law
series of Hart Publishing, and Member of the Comité de rédaction des Cahiers de
droit européen. Her main research activities relate to EU criminal law, comparative
criminal law, and European law more broadly, with a special focus on the area of
freedom, security, and justice. She has published widely in this area, editing more
than 30 collections and over 50 individual contributions in leading European law
and criminal law journals. Anne is routinely invited as guest lecturer in several uni-
versities in Europe and beyond, including the College of Europe.
