2007 Fiscal Year Final Research Report Summary
Legal Problems of International E-Commerce
| Project/Area Number |
17530039
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | Aoyama Gakuin University |
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Principal Investigator |
EIZUMI Yoshinobu Aoyama Gakuin University, Law School, Professor (50103601)
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| Co-Investigator(Kenkyū-buntansha) |
KIDANA Shoichi Waseda University, Law School, Professor (90066697)
YAZAWA Shoji Senshu University, Law School, Professor (00128323)
ITO Takaya Aoyama Gakuin University, Faculty of Law, Lecturer (70348457)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Civil Law / Electrdonic Commerce / Internet / Intellectual Property Trade |
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| Research Abstract |
Eizumi, a head investigator, gave a presentation at the Waseda University International Trade Study group meeting on May 20, 2008 on the topic "Jurisdictional Problem in E-commerce dispute". In this presentation, he followed the development of jurisdictional theory in the U.S.decisions, moving from "sliding scale" of Zippo decision to "effect test" of Calder v.Jones and further to "target approach".
Shift of basic idea on judicial jurisdiction represents fluctuant thinking in the U.S.courts, although U.S.is the leading IT country, which is expected to show the model for other countries.
Another presentation was made on July 15, 2009 at Waseda University International Trade Study group meeting on the topic, "ODR to settle E-commerce dispute". In this presentation Eizumi showed the need to establish the framework of ODR (Online Dispute Resolution). In B to C commerce, which occupy the majority of E-trade, consumer in most situations, claims for small amount of damages to Seller. In this si
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tuation court proceeding does not suit for the e-commerce dispute settlement in terms of cost and time. ODR is desirable, because it is convenient and cheap. And U.S.developed private ODR mechanism for domestic dispute.
When we consider future development of international E-commerce, transnational ODR is desirable. United Nations CEFACT(Center for Trade Facilitation and Electronic Business) and OECD are making recommendations for international ODR. EU and US follow the same path. Considering the recent movements in transnational setting, Japan should have the same ODR mechanism to participate world-wide settelement of E-commerce dispute.
Eizumi edited a series of documents for use in the graduate school class on E-commerce. These documents include some ariticles on internet jurisdiction and governing law written in Japanese, some governmental documents on this topic and several US law review articles. These documents will be revised every year so that graduate students can access to the recent legal thinkings. Less
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