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This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.
List of contents
1. Introduction I. The Subject Matter of Japanese Private International Law
II. Sources of Private International Law
III. History of Private International Law in Japan
IV. Preliminary Matters
V. Connecting Factors
VI. Substance and Procedure
VII. Proof, Ascertainment and Application of Foreign Law
VIII. Mandatory Rules,
ordre public, Escape Clause and Evasion of Law
2. Jurisdiction I. General Principles
II. Civil and Commercial Matters
III. Status and Family Matters
IV. Other Matters
V. Immunities from Jurisdiction
3. Choice of Law I. Persons
II. Law of Obligations
III. Law of Property
IV. Intellectual Property
V. Family and Succession Law
VI. Insolvency Law
VII. Competition Law
4. Recognition and Enforcement of Foreign Judgments I. Recognition
II. Enforcement of Judgments
III. Recognition of Foreign Insolvency Proceedings
5. Arbitration and Mediation I. International Commercial Arbitration
II. Investment Treaty Arbitration
III. Mediation
6. The Harmonisation of Private International Law I. Japan's Role in the Work of the HCCH, UNCITRAL, UNIDROIT and Other Organisations
II. The Future of Private International Law
About the author
Kazuaki Nishioka is Specially Appointed Associate Professor at Kobe University Graduate School of Law, Japan.Yuko Nishitani is Professor of International Private and Business Law at Kyoto University Graduate School of Law, Japan.
Summary
This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.
Foreword
Written by leading experts in Japanese private international law, this book looks at Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Japanese private international law.
