2003 Fiscal Year Final Research Report Summary
Study for the Judicial Cooperation among Asian Countries in Civil Disputes Concerning Transnational Pollution
| Project/Area Number |
13420010
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Tezukayama University |
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Principal Investigator |
TAKASUGI Naoshi Tezukayama University, Faculty of Law and Policy, Associate Professor, 法政策学部, 助教授 (60243747)
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| Co-Investigator(Kenkyū-buntansha) |
NAGATA Mari Osaka University of Foreign Language, Faculty of Foreign Language, Associate Professor, 外国語学部, 助教授 (10314436)
TADA Nozomi Kumamoto University, Faculty of Law, Associate Professor, 法学部, 助教授 (40274683)
UEMATSU Mao Kagawa University, Faculty of Law, Associate Professor, 法学部, 助教授 (00294744)
HIZUME Makoto v, Faculty of Law, Associate Professor, 法学部, 助教授 (00308769)
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| Project Period (FY) |
2001 – 2003
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| Keywords | Private international law / environment / Asia / Harmonization of law / Judicial cooperation |
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| Research Abstract |
As the last year of the project, during from April 2003 to March 2004, our main task is to shape up proposition about the judicial cooperation among Asian countries in civil disputes concerning transnational pollution.
After a number of meetings, we got to the following proposition as to the way of establishing the scheme dealing with transnational environmental civil disputes in Asia. First, from long-term viewpoints, Asian countries should try to conclude a multilateral convention which contains rules on private international law, such as jurisdiction, judicial or administrative cooperation about service ofprocess, taking evidence abroad or circulation of information and materials, reciprocal recognition and enforcement of foreign judgments, and choice of law. It should also provide for rules of regulation and supervision against multinational corporations which might be originators of transnational pollution. In addition, it could provide for the rule by which the forum discussing future uniform environmental regulations will be established among Asian states. As it takes much time for Asian states to conclude the abovementioned convention, secondly, it should be considered to draw up the Asian principles or model laws on private international law by academic or private sectors rather than by sovereign states.
We intend to continue the study with academics in Asian states in order to accomplish the Asian principles or model laws on private international law.
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