The purpose of this paper is to provide a detailed overview of the recognition and enforcement of foreign judgments (hereinafter referred to as “REFJ”) system in Japan. It shows that Japanese courts, under the guidance of the Supreme Court, have been generous in recognizing and enforcing foreign judgments. The recognition requirements have been interpreted in a reasonable way which strikes a good balance between conflicting interests. Therefore, it can be safely said that unless there are good reasons justifying non-recognition, foreign judgments are very likely to be recognized and enforced in Japan. One of the characteristic features of the Japanese system of REFJ is that it has remained (almost) substantially unaltered despite the occasional reforms and amendments that it has undergone during its history. This longevity of the statutory principles can be explained by the adequacy of the current regime. It can also be explained by the important role played by the courts which developed an extensive body of jurisprudential solutions giving flesh to the bare-boned legislative solutions.
{"title":"Foreign Judgments Recognition and Enforcement in Civil and Commercial Matters in Japan","authors":"Béligh Elbalti","doi":"10.2139/ssrn.3323993","DOIUrl":"https://doi.org/10.2139/ssrn.3323993","url":null,"abstract":"The purpose of this paper is to provide a detailed overview of the \u0000recognition and enforcement of foreign judgments (hereinafter referred to as \u0000“REFJ”) system in Japan. It shows that Japanese courts, under the guidance of \u0000the Supreme Court, have been generous in recognizing and enforcing foreign \u0000judgments. The recognition requirements have been interpreted in a reasonable \u0000way which strikes a good balance between conflicting interests. Therefore, it \u0000can be safely said that unless there are good reasons justifying non-recognition, \u0000foreign judgments are very likely to be recognized and enforced in Japan. One \u0000of the characteristic features of the Japanese system of REFJ is that it has \u0000remained (almost) substantially unaltered despite the occasional reforms and \u0000amendments that it has undergone during its history. This longevity of the \u0000statutory principles can be explained by the adequacy of the current regime. It \u0000can also be explained by the important role played by the courts which \u0000developed an extensive body of jurisprudential solutions giving flesh to the \u0000bare-boned legislative solutions.","PeriodicalId":82241,"journal":{"name":"Osaka University law review","volume":"97 12","pages":"1-32"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41295120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"「公法」におけるコントロール概念(3・完)ドイツにおけるコントロール概念の展開","authors":"柴田 尭史","doi":"10.18910/55050","DOIUrl":"https://doi.org/10.18910/55050","url":null,"abstract":"","PeriodicalId":82241,"journal":{"name":"Osaka University law review","volume":"53 1","pages":"135-154"},"PeriodicalIF":0.0,"publicationDate":"2010-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78120258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"早すぎた結果発生と実行行為--「一連の行為」をめぐる考察","authors":"小野 晃正","doi":"10.18910/54939","DOIUrl":"https://doi.org/10.18910/54939","url":null,"abstract":"","PeriodicalId":82241,"journal":{"name":"Osaka University law review","volume":"16 1","pages":"155-184"},"PeriodicalIF":0.0,"publicationDate":"2010-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75013174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-10-02DOI: 10.2514/6.iac-06-e4.2.01
Hirotaka Watanabe
The Kennedy administration decided on and carried out Project Apollo to defeat the Soviet Union in the moon race, while it also strived to realize U.S.-Soviet joint human lunar exploration in addition to their negotiations about space science cooperation. This article examines the change of the two aspects of Project Apollo, competition and cooperation with the Soviet Union, during one thousand days of the Kennedy administration from the perspective of U.S. foreign policy in the Cold War. The Kennedy administration chose Project Apollo as a crucial national policy that would bear part of the U.S. foreign policy, and advanced it by laying emphasis on competition or cooperation in accordance with the change of U.S.-Soviet relations. The purpose of Project Apollo was not only the display of U.S. power and ideas but also the relaxation of the tensions in the Cold War. The space policy of the Kennedy administration, with Project Apollo as the central program, restored gradually the U.S. international status of those days, and contributed to the opening of the peaceful coexistence in the 1960s with other foreign policies of the administration.
{"title":"The Kennedy Administration and Project Apollo: International Competition and Cooperation through Space Policy*","authors":"Hirotaka Watanabe","doi":"10.2514/6.iac-06-e4.2.01","DOIUrl":"https://doi.org/10.2514/6.iac-06-e4.2.01","url":null,"abstract":"The Kennedy administration decided on and carried out Project Apollo to defeat the Soviet Union in the moon race, while it also strived to realize U.S.-Soviet joint human lunar exploration in addition to their negotiations about space science cooperation. This article examines the change of the two aspects of Project Apollo, competition and cooperation with the Soviet Union, during one thousand days of the Kennedy administration from the perspective of U.S. foreign policy in the Cold War. The Kennedy administration chose Project Apollo as a crucial national policy that would bear part of the U.S. foreign policy, and advanced it by laying emphasis on competition or cooperation in accordance with the change of U.S.-Soviet relations. The purpose of Project Apollo was not only the display of U.S. power and ideas but also the relaxation of the tensions in the Cold War. The space policy of the Kennedy administration, with Project Apollo as the central program, restored gradually the U.S. international status of those days, and contributed to the opening of the peaceful coexistence in the 1960s with other foreign policies of the administration.","PeriodicalId":82241,"journal":{"name":"Osaka University law review","volume":"56 1","pages":"31-48"},"PeriodicalIF":0.0,"publicationDate":"2006-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69064130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Privacy of genetic information.","authors":"Koichi Setoyama","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82241,"journal":{"name":"Osaka University law review","volume":"52 ","pages":"75-105"},"PeriodicalIF":0.0,"publicationDate":"2005-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25859245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"生殖医療・生命倫理・親子法 : スイス法を手がかりとして","authors":"床谷 文雄","doi":"10.18910/55129","DOIUrl":"https://doi.org/10.18910/55129","url":null,"abstract":"","PeriodicalId":82241,"journal":{"name":"Osaka University law review","volume":"55 1","pages":"149-175"},"PeriodicalIF":0.0,"publicationDate":"2002-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79096343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2000-02-01DOI: 10.1057/9781137360014.0017
T. Suenaga
{"title":"CORPORATE GOVERNANCE IN JAPAN","authors":"T. Suenaga","doi":"10.1057/9781137360014.0017","DOIUrl":"https://doi.org/10.1057/9781137360014.0017","url":null,"abstract":"","PeriodicalId":82241,"journal":{"name":"Osaka University law review","volume":"30 1","pages":"17-30"},"PeriodicalIF":0.0,"publicationDate":"2000-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"58220345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article attempts to explain,in the broader framework of dispute resolution,the relative importance of arbitration for Japanese businesses in international commercial disputes as contrasted with the negligible role of arbitration in processing domestic disputes.The article concludes that the availability and normativeness of hanashi-ai coupled with some other factors determine whether arbitration is a reasonable alternative for Japanese corporations to utilize in a given dispute situation.Finally it will be suggested that new legislation may be a plausible way to prompte arbitration as alternative dispute resolution for both domestic and international disputes.Update as of 2011: This article was published in 1987, which updated my prior article under the same title appeared in Osaka University Law Review, No.33 (1986). The new Act of Arbitration (Law No. 138 of 2003) is now in force. This Act is modeled after the UNCITRAL Model Law on International Commercial Arbitration of 1985. However commercial arbitration is not the frequent resort in Japan to settle commercial disputes, both for international and domestic commercial cases.From 2000 to 2008,The Japan Commercial Arbitration Association received the average of 13 requests per year.
{"title":"SOME ASPECTS OF THE USE OF COMMERCIAL ARBITRATION BY JAPANESE CORPORATIONS","authors":"Y. Nomura","doi":"10.2139/SSRN.1927676","DOIUrl":"https://doi.org/10.2139/SSRN.1927676","url":null,"abstract":"This article attempts to explain,in the broader framework of dispute resolution,the relative importance of arbitration for Japanese businesses in international commercial disputes as contrasted with the negligible role of arbitration in processing domestic disputes.The article concludes that the availability and normativeness of hanashi-ai coupled with some other factors determine whether arbitration is a reasonable alternative for Japanese corporations to utilize in a given dispute situation.Finally it will be suggested that new legislation may be a plausible way to prompte arbitration as alternative dispute resolution for both domestic and international disputes.Update as of 2011: This article was published in 1987, which updated my prior article under the same title appeared in Osaka University Law Review, No.33 (1986). The new Act of Arbitration (Law No. 138 of 2003) is now in force. This Act is modeled after the UNCITRAL Model Law on International Commercial Arbitration of 1985. However commercial arbitration is not the frequent resort in Japan to settle commercial disputes, both for international and domestic commercial cases.From 2000 to 2008,The Japan Commercial Arbitration Association received the average of 13 requests per year.","PeriodicalId":82241,"journal":{"name":"Osaka University law review","volume":"33 1","pages":"47-64"},"PeriodicalIF":0.0,"publicationDate":"1986-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67795743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：