The Japanese Approach to the Regulation of Human Cloning ^*

Tade Matthias Spranger

 

I. Introductin

II. The Act’s Central Provisions

III. Compatibility with International Law

IV. Conclusions

 

I.      Introduction

On 30 November 2000, the Japanese Parliament enacted the Human Cloning Regulation Act.^[1] In its core, the Act prohibits transfer of human embryos and human-animal cloned embryos made by somatic nuclear transfer, as well as human-animal chimeric embryos, to a human or animal uterus. These provisions are more than mere lip service, as a breach of this prohibition of human cloning can be punished by as much as 10 years’ imprisonment, a fine of ¥ 10 million, or both.^[2] According to a widely held opinion, the Act has to be seen as a general ban on human reproductive cloning.^[3] Nevertheless, many questions remain unanswered. Not all cloning techniques are mentioned in the Act, nor are all possible applications forbidden. The following remarks examine the Act’s provisions in detail. Subsequently, the question whether the Human Cloning Regulation Act reflects an original Japanese approach to human cloning will be the object of analysis. Finally, in case of an affirmative answer to this question, its compatibility with international law will be scrutinized.

II.    The Act’s Central Provisions

The Human Cloning Regulation Act contains detailed provisions on a large scale. By listing no less than twenty-four central definitions (and dozens of sub-definitions), Art. 2

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