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News

Béligh Elbalti, Associate Professor at Osaka University, Graduate School of Law and Politics, has kindly informed us that the forthcoming volume of the Japanese Yearbook of International Law (Vol. 60, 2017) will feature the following articles and case notes relating to private international law.

Articles

Uniform Law Treaties: Their Reception, Implementation, Success and Failure

Hirao Sano, Introductory Note (pp. 4-9)

Hirao Sano, Going Forward with Uniform Private Law Treaties: A Study in Japan’s Behavioral Pattern (pp. 10-58)

Tomotaka Fujita, When Does Japan Not Conclude Uniform Private Law Conventions? (pp. 59-85)

Souichirou Kozuka, The Selective Reception of Uniform Law in Asia (pp. 86-112)

Tetsuo Morishita, Successes and Failures of Harmonization of Commercial Laws (pp. 113-135)

Unilateralism and Multilateralism in Regulating Cross-border Business Transactions: Part Two

Yoshiaki Nomura, Fall of Extraterritoriality and Resurgence of Choice of Law in Global Securities Litigation (pp. 314-338)

Cases and Issues in Japanese Private International Law

Dai Yokomizo, Recognition of a Foreign Judgment on Children Born Through Surrogate Pregnancy (pp. 399-409)

As it has been the tradition since the creation of the Yearbook in 1959 (former The Japanese Annual of International Law), the forthcoming volume will also include English translations of a number of Japanese Court decisions relating to private international law.

Judicial Decisions in Japan

II. Private International Law

Supreme Court 1st Petty Bench), Judgment, March 10, 2016 (pp. 488-490)
International Adjudicatory jurisdiction over a Tort Claim – Special Circumstances- Defamation – Lis Pendens

Supreme Court 1st Petty Bench), Decision, June 2, 2016 (pp. 490-495)
Locus Standi – Civil Procedure Law – Party Authorized Charge of Litigation – Principle of Representation in Court by Attorney-at-law – Prohibition of Creating Trusts for Litigation

Tokyo High Court, Judgment, November 17, 2014 (pp. 495-498)
International Adjudicatory jurisdiction – Exclusive Choice of Court Agreement – Consumer Contracts – Redemption on Maturity – Alternative Claim for Damages Based on Tort- Article 3.4(1) of the Code of Civil Procedure- Public Policy

Intellectual Property High Court, Decision, March 25, 2015 (pp. 499-506)
Governing Law of Tort Claim – Defamation – International Adjudicatory jurisdiction for Tort Claim International Adjudicatory Jurisdiction Based on a Close Connection with an Anchor Claim

Tokyo District Court, Judgment, March 24, 2014 (pp. 506-509)
International Adjudicatory jurisdiction – Action to Oppose Enforcement of Arbitral Awards – Setoff

Tokyo District Court, Judgment, April 28, 2015 (pp. 509-512)
International Adjudicatory jurisdiction over a Tort Claim – Infringement of Intellectual Property Rights- Place of a Tort

Shizuoka District Court, Judgment, December 2, 2015 (pp. 512-517)
Applicable Law to Parental Authority – Parental Authority Under the Japanese Civil Code – Handing over a Child – Habitual Residence

Fukuoka District Court (Kokura Branch), Decision, December 4, 2015 (pp. 517-520)
Applicable Law to Maritime Lien – Applicable Law to Contractual Obligation Characteristic Performance – Vessel Auction

Kobe District Court, Decision, Janua1y 21, 2016 (pp. 520-522)
Applicable Law to Maritime Lien – Applicable Law to Contractual Obligation – Characteristic Pe1formance- Vessel Auction

Tokyo District Court, Interlocutory Judgment, February 15, 2016 (pp. 523-526)
International Adjudicatory jurisdiction over a Tort Claim – Validity of Exclusive Jurisdiction Clause-Anti-trust (Competition) Law

Tokyo District Court, Decision, September 26, 2016 (pp. 526-533)
Governing Law of Labor Contract – Application of Mandatory Provisions of the Law of the; Most Closely Connected Place to a Labor Contract – The Place Where the Work Should be Provided

More information on the Yearbook (former Annual) and the content of its past volumes is available at http://www.ilajapan.org/jyil/.

Comments on this entry are closed.

  • Béligh Elbalti April 6, 2018, 9:16 am

    A small rectification,
    The first Volume of Japanese Yearbook of International Law (former The Japanese Annual of International Law) was published in 1957 and not 1959.