| Budget Amount *help |
¥2,600,000 (Direct Cost: ¥2,000,000、Indirect Cost: ¥600,000)
Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2013: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2012: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
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| Outline of Final Research Achievements |
This research aims at analysing and clarifying Japanese position on validity of jurisdiction clauses in bills of ladings or transport documents covering contracts for carriage of goods by sea in international context. In addition to the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the “Rotterdam Rules”) adopted in 2008, foreign laws including American, English, French and German laws are examined.
The comparative analysis leads to the conclusion that (1) the current Japanese law in favour of exclusive jurisdition clauses can be justified in the light of the relevant commercial practice; (2) Japan should not opt-in the Jurisdiction Chapter (Ch.14) of the Rotterdam Rules as these rules substantially differ from the current position and fail to provide clear and certain solution; (3) careful consideration from a wider perspective should be given to the economic balance between cargo interests and carriers.
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