The Effects of Derecognition and Government Succession upon Locus Standi and Property Rights: The Kokario Case

Authors

Leonard B. Boudin

Abstract

The Supreme Court of Japan must eventually resolve a dispute between the People's Republic of China (PRC) and the Republic of China (ROC) as to who has title to a dormitory in Japan that was purchased by the ROC when it was recognized by Japan as the government of China. During the pendency of the litigation instituted by the ROC against student residents in the dormitory, the Government of Japan recognized the PRC as the government of China. The case presents two important public law issues: first, whether the derecognized government (ROC) has locus standi, and second, which government has title to the disputed property. This long-standing case is a cause celebre with serious political implications.

Recommended Citation

Leonard B. Boudin, The Effects of Derecognition and Government Succession upon Locus Standi and Property Rights: The Kokario Case, 13 Hastings Int'l & Comp. L. Rev. 205 (1990).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol13/iss2/1