A comprehensive analysis on the law of international civil procedure. -Conflict of state jurisdictions and its coordination.
| Project/Area Number |
60520016
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | The University of Tokyo(Tokyo Daigaku) |
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Principal Investigator |
ISHIGURO Kazunori The University of Tokyo,Faculty of Law. (Associate Professor), 法学部, 助教授 (00009854)
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| Project Period (FY) |
1985 – 1986
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| Project Status |
Completed (Fiscal Year 1986)
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| Budget Amount *help |
¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 1986: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 1985: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | jurisdiction / recognition and enforcement of foreign judgment / international double litigations / extraterritorial application / act of state doctrine / international service of writs / blocking statutes / クロー・バック条項 |
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| Research Abstract |
According to my research plan, I analyzed the total phenomena which occur through conflict of state jurisdictions. Laker Airways Case is in this sense one of the most symbolic cases. "Extraterritorial application vs. blocking statutes" is the suitable word to express the current situation vividly, I think.Territorial limitation on the use of state jurisdiction has bocome very relative. The effect theory is now widespread, not only in anti-trust laws but also in other fields, such as tax laws and security laws. The so-called claw-back provision in the blocking statute of U.K. brings us the most complicated conflicts law problem,which has not yet rightly solved also in foreign countries.I attacked this problem, comparing with the classic one of recognition and non-recognition of foreign judgments. According to such dynamic approach, I also analyzed the so-called "economic wars between U.S.A. and Japan", for example,the case of IBM vs. Hitachi,one of the most famous international double litigations case. In this way I have discussed international jurisdiction, service of writs, sovereign immunity, American "act of state"doctrine , international effect of bankruptcy, nationalization, and so on. Through my research, the system of conflict of laws has become very clear, and various aspects of "risk management" in international business transactions have been analyzed legally. The out-put of my research can be seen clearly in the second part of my "Gendai Kokusaishiho (Modern Conflict of Lwas in Japan) Vol. 1" (Tokyo University Press 1986).
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Report
(1 results)
Research Products
(4 results)
