Japanese and European Private International Law in Comparative Perspective

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Author :
Publisher : Mohr Siebeck
ISBN 13 : 9783161495472
Total Pages : 468 pages
Book Rating : 4.4/5 (954 download)

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Book Synopsis Japanese and European Private International Law in Comparative Perspective by : Jürgen Basedow

Download or read book Japanese and European Private International Law in Comparative Perspective written by Jürgen Basedow and published by Mohr Siebeck. This book was released on 2008 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

Japanese Private International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924310
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Japanese Private International Law by : Kazuaki Nishioka

Download or read book Japanese Private International Law written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Private International Law in Japan

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519711
Total Pages : 318 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Japan by : Jun Yokoyama

Download or read book Private International Law in Japan written by Jun Yokoyama and published by Kluwer Law International B.V.. This book was released on 2019-12-13 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Japan. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Japan. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

International Private Law of Japan

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Author :
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Private Law of Japan by : Joseph Ernest De Becker

Download or read book International Private Law of Japan written by Joseph Ernest De Becker and published by . This book was released on 1919 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Japan and International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111944
Total Pages : 448 pages
Book Rating : 4.1/5 (119 download)

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Book Synopsis Japan and International Law by : Nisuke Andō

Download or read book Japan and International Law written by Nisuke Andō and published by Martinus Nijhoff Publishers. This book was released on 1999-05-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law. After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious 'Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security. During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law. The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.

Elements of Japanese Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 500 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Elements of Japanese Law by : Joseph Ernest De Becker

Download or read book Elements of Japanese Law written by Joseph Ernest De Becker and published by . This book was released on 1916 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Social Theory of International Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041121585
Total Pages : 352 pages
Book Rating : 4.1/5 (215 download)

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Book Synopsis A Social Theory of International Law by : Kazuko Hirose

Download or read book A Social Theory of International Law written by Kazuko Hirose and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system, ' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.

American-Japanese private international law

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Author :
Publisher :
ISBN 13 :
Total Pages : 173 pages
Book Rating : 4.:/5 (63 download)

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Book Synopsis American-Japanese private international law by : Albert Armin Ehrenzweig

Download or read book American-Japanese private international law written by Albert Armin Ehrenzweig and published by . This book was released on 1964 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private International Law in East Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 150997010X
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private International Law in East Asia by : Olivier Gaillard

Download or read book Private International Law in East Asia written by Olivier Gaillard and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

A Social Theory of International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004480668
Total Pages : 339 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis A Social Theory of International Law by : Kazuko Hirose Kawaguchi

Download or read book A Social Theory of International Law written by Kazuko Hirose Kawaguchi and published by BRILL. This book was released on 2021-12-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system,' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.

International Law

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Publisher :
ISBN 13 :
Total Pages : 394 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Law by : Thomas Baty

Download or read book International Law written by Thomas Baty and published by . This book was released on 1909 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Business Law in Japan

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904114062X
Total Pages : 848 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Business Law in Japan by : Christopher Heath

Download or read book Business Law in Japan written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-04-12 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compilations of cases with commentary – in Japanese Hanrei Hyakusen – often provide the most practical way to obtain a quick and reliable understanding of a specific field of law, as well as guidance on how best to proceed in specific situations. In this respect, leading cases much more than statutory provisions are essential for understanding the reality of Japanese commercial law. This incomparable book compiles 72 of the most important commercially relevant Japanese court decisions in the fields of civil law, labour law, company law, financial transactions, intellectual property, antitrust, conflict of laws, and arbitration. Each decision is presented in English translation and is accompanied by a practical and explanatory commentary by an expert in the field, be it from academia or private practice. There are 50 commentators in all, brought together here to honour the 60th birthday of Harald Baum, widely regarded as one of the world’s foremost scholars on Japanese business law. The cases encompass a wide reach of causes of action in fields such as: breach of contract; tort liability; product liability; unjust enrichment; collective bargaining; shareholders’ rights; directors’ duty of care; political donations; insider trading; patent infringement; parallel imports; trade mark rights; unfair competition; publicity rights; price fixing; arbitration agreements; and recognition of foreign judgements. Whether serving as practical guidance or as a basis for academic research, this compilation will be warmly welcomed by practicing lawyers, teachers and students of Japanese and international law, and all others who need to understand the various fields of Japanese commercial law.

Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 9783899494327
Total Pages : 298 pages
Book Rating : 4.4/5 (943 download)

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Book Synopsis Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung by : Zentarō Kitagawa

Download or read book Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung written by Zentarō Kitagawa and published by Walter de Gruyter. This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments of the law in Japan and in Germany provide ample reason for an inquiry into "The Identity of Japanese and German Civil Law". Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as "theory reception" (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of "consumer law" - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a "Europeanization" of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the "Germany Year in Japan". In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

Contract Law in Japan

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 940350742X
Total Pages : 268 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in Japan by : Hiroo Sono

Download or read book Contract Law in Japan written by Hiroo Sono and published by Kluwer Law International B.V.. This book was released on 2018-12-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Elements of Japanese Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Elements of Japanese Law by : Joseph Ernest De Becker

Download or read book Elements of Japanese Law written by Joseph Ernest De Becker and published by . This book was released on 1979 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law and Japanese Sovereignty

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Author :
Publisher : Springer
ISBN 13 : 1137567775
Total Pages : 232 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis International Law and Japanese Sovereignty by : Douglas Howland

Download or read book International Law and Japanese Sovereignty written by Douglas Howland and published by Springer. This book was released on 2016-11-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.

International Private Law of Japan

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Author :
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Private Law of Japan by : Joseph Ernest De Becker

Download or read book International Private Law of Japan written by Joseph Ernest De Becker and published by . This book was released on 1919 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: