Out Now: The Latest Issue of the Japanese Yearbook of International Law (Vol. 67, 2024)

The Japanese Yearbook of International Law  (JYIL) is a leading reference publication that provides in-depth analysis and commentary on developments in international law from a Japanese perspective.

Published by the International Law Association of Japan since 1957 (originally as the Annual Yearbook of Private International Law until 2007), the JYIL covers a broad spectrum of topics, from public and private international law to comparative law, bringing together insights from top scholars and legal experts in Japan and beyond.

Each issue dives into key legal cases, legislative updates, and emerging trends, making it a must-read for researchers, academics, and professionals looking to stay in the loop on Japan’s legal landscape.

On that note, the latest volume of the JYIL (Vol. 67, 2024) has recently been released. Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law.

LEGAL ANALYSIS ON SUCCESSION SUBSTITUTES

(Author’s note: This Volume’s PIL Special Issue)

Dai Yokomizo

Introductory Note (p. 162)

 

OSHIMA Lisa

The Potential and Limitations of Contracts That Function as Succession Substitutes (p. 164)

 

Dai Yokomizo

Succession Substitutes and Japanese Conflict of Laws: Including the Possibility of Introducing Limited Professio Juris to Japanese Choice-of-Law Rule Relating to Succession (p. 180)

 

Takami Hayashi

Conflict-of-Law Issues Regarding Succession Substitutes with a Focus on Trusts (p. 195)

 

Charlotte Wendland

The Law Applicable to Succession Substitutes: European Perspective (p. 214)

 

Takeshi Fujitani

Succession Substitutes and Taxation – An Analysis from the Perspective of Party Autonomy and Tax Neutrality – (p. 253)

CASES AND ISSUES IN JAPANESE PRIVATE INTERNATIONAL LAW

(Author’s note: Case Notes)

Yusuke Tanemura

Breach of the Arbitrator’s Obligation of Disclosure in Article 18(4) of the Arbitration Act (p. 446)

 

Naohiro Kitasaka

Application Mutatis Mutandis of Art. 117(1) of the Child Abduction Convention Implementation Act to a Return Agreement in an In-Court Conciliation (p. 460)

BOOK REVIEWS

(Author’s note: Selection only)

Corporate Environmental Responsibility in Investor-State Dispute Settlement: The Unexhausted Potential of Current Mechanisms, by Tomoko Ishikawa. Cambridge and New York: Cambridge University Press, 2023. Pp. xxxix, 302.

Reviewed by NISUGI Kento (p. 489)

 

Chugoku ni okeru Kokusaitorihikifunso Kaiketsuho [International Commercial Dispute Resolution Law in China], by Yukio Kajita. Tokyo: Nihonhyoronsha, 2022. Pp. 344

Reviewed by Xi Feng (p. 506)

 

Kokusaidairishokeiyakuho no Kenkyu [International Aspects of the Law of Commercial Agency], by KIM Mihwa. Tokyo: Shinzansha, 2022. Pp. xii, 382

Reviewed by Masayo Kataoka (p. 516)

 

The International Law of Sovereign Debt Dispute Settlement, By Kei Nakajima. Cambridge: Cambridge University Press, 2022. Pp. xxx, 339

Reviewed by Yuka Fukunaga (p. 522)

 

Ko no Hikiwatashi-Tetsuzuki no Riron to Jitsumu [Theory and Practice of the Procedure for Ha-nding-Over a Child in Custody Disputes], edited by Kazuhiko Yamamoto. Tokyo: Yuhikaku, 2022. Pp. x, 373

Reviewed by Hajime Sakai (p. 536)

 

Kokusaihochitsujo to Gurobaru Keizai [International Legal Order and Global Economy], edited by Masaharu Yanagihara, Koichi Morikawa, Atsuko Kanehara, and Taro Hamada. Tokyo: Shinzansha, 2021. Pp. xvi, 614

Reviewed by Satoru Taira (p. 541)

JUDICIAL DECISIONS IN JAPAN

II. Private International Law

(Author’s note: Case Law Translation)

Osaka High Court; Adjudication, May 26, 2021 (p. 581)

International Child Abduction – Habitual Residence – Infant

 

Tokyo High Court, Judgment, January 25, 2023 (p. 584)

Applicable Law to Vicarious Liability – Traffic Accidents of an Employee on Overseas Business-Trips – Escape Clause

 

Tokyo High Court, Judgment, October 30, 2023 (p. 589)

State Immunity – Un recognized States – jurisdiction – Place of Tort – Continuous Tort

 

Tokyo District Court, Judgment, May 9, 2022 (p. 594)

Validity of Agreements on jurisdiction – Sea Carriage Contracts – Surrender Bill of Lading (B/L)

 

Tokyo District Court, Judgment, March 27, 2023 (p. 597)

Applicable Law – Labor Contracts – Mandatory Provisions – Place with Which the Labor Contract Is Most Closely Connected – Place of Business at Which the Worker Was Employed – International Airline Cabin Crew

 

Yokohama Family Court, Judgment, March 30, 2021 (p. 602)

Recognition and Enforcement of Foreign judgments on Child Custody

• The full table of contents will be made available soon on the JYIL’s website.
• More information about the Yearbook and the content of its previous volumes can be found here.
• The full contents of Vols. 1-65 (1957-2022) are available on HeinOnline.