Brussels I Regulation Recast and its Influence on the third States Including Japan

Research Project

Project/Area Number	26380074
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Multi-year Fund
Section	一般
Research Field	International law
Research Institution	Kwansei Gakuin University
Principal Investigator	OKANO Yuko 関西学院大学, 法学部, 教授 (60224044)
Project Period (FY)	2014-04-01 – 2017-03-31
Project Status	Completed (Fiscal Year 2016)
Budget Amount *help	¥4,290,000 (Direct Cost: ¥3,300,000、Indirect Cost: ¥990,000) Fiscal Year 2016: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000) Fiscal Year 2015: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000) Fiscal Year 2014: ¥1,820,000 (Direct Cost: ¥1,400,000、Indirect Cost: ¥420,000)
Keywords	Brussels I Recast / EU国際私法 / 国際裁判管轄 / ブラッセルI 改正規則 / 判決の承認・執行 / ブラッセルI改正規則
Outline of Final Research Achievements	This research will examine Brussels I Regulation Recast and analyze its influence on the third States including Japan. Brussels I Regulation has been evaluated as a successful rule. However, it has also been pointed out as having so-called “inward-facing” nature, primarily giving priority to the EU citizens, and might cause problems when applied to the third State people. This research will focus on the issues of the extension of the Regulation to third State defendants, choice of court agreement, and lis pendens, examining whether this Recast should improve any disadvantages to the third State people.