The Japanese Yearbook of International Law (Vol. 62, 2019)
The latest Volume of the Japanese Yearbook of International Law (Vol. 62, 2019) has been released. The Volume dedicates one section to the introduction of the new legislation on international jurisdiction of Japanese courts in family matters. (For an introduction of the new rules relating to international jurisdiction in matter of divorce, see Yasuhiro Okuda, “New Rules of International Jurisdiction over Divorce in Japanese Courts”, Yearbook of Private International Law, Vol. 20 (2018/2019), pp. 61-72).
The Volume also contains an English translation of the new rules as well as English translation of some court decisions relating to public and private international law.
Relevant content include the following:
NEW LEGISLATION ON THE INTERNATIONAL JURISDICTION OF JAPANESE COURTS ON PERSONAL STATUS LITIGATIONSAND DOMESTIC RELATIONS CASES
Aki Kitazawa, Introductory Note, p. 118
Yuko Nishitani, New International Civil Procedure Law of Japan in Status and Family Matters, p. 119
Yuko Nishitani, International Adjudicatory Jurisdiction in Matrimonial Matters in Japan, p. 151
Masako Murakami, International Jurisdiction of Child-Related Cases in Japan, p. 189
Takami Hayashi, International Jurisdiction in Case Related to Succession: New Rules in Japan, p. 209
Manabu Iwamoto, Recognition and Enforcement of Foreign Decisions on Personal Status Litigation and Family Relations Cases, p. 226
JUDICIAL DECISIONS IN JAPAN
Public International Law
Tokyo High Court, Judgment, December 14, 2017, p. 426
Compensation for War Injuries – Individuals’ Right to Seek Compensation under Additional Protocol I to the Geneva Conventions in 1977 – Individuals’ Right to Seek Compensation under Customary International Law
Nagoya High Court, Judgment, April 11, 2018, p. 433
Immigration Control and Refugee Recognition Act – Enforced Deportation – Circumstances to Be Taken into Account – De Facto Marriage with a Nikkei Nisei (Second Generation of Japanese Emigrant)
Tokyo District Court, Judgment, February 28, 2018, p. 440
Dispute over an Employment Contract – Immunity from the Civil jurisdiction of Diplomatic Agent – Article 31(1)(c) of the Vienna Convention on Diplomatic Relations
Tokyo District Court, Judgment, March 20, 2018, p. 443
Application for Reconsideration of Refugee Status by Persons Who Have Already Left japan – Definition of Refugees – Burden of Proof- Situation in Syria
Tokyo District Court, Judgment, July 5, 2018, p. 447
Tbe Cessation Clause – Article 1-C(5) of the Refugee Convention – Burden of Proof- Situation in Sri Lanka
Private International Law
Supreme Court (1st Petty Bench), Judgment, March 15, 2018, p. 452
International Child Abduction – Habeas Corpus Relief
Tokyo High Court, Judgment, June 29, 2017, p. 455
Jurisdiction over the Claim Based on Non-performance of Carriage Contract – Piercing the Corporate Veil
Tokyo High Court, Decision, June 30, 2017, p. 458
Order of Seizure – Applicable Law of Statutory Lien
Tokyo High Court, Decision, August 1, 2018, p. 462
Setting aside of Arbitral Award – Procedural Public Policy
Tokyo District Court, Decision, June 12, 2018, p. 468
Applicable Law of the Claim Arising from a Tort of Defamation – Disclosure of Identification Information of the Sender- Word of Mouth on the Website
DOCUMENT
National Legislation Act for the Partial Revision of the Personal Status Litigation Act, Etc. (Act No. 20 of April 25, 2018), p. 486
More information on the Yearbook (former Annual) and the content of its past volumes is available at http://www.ilajapan.org/jyil/.