Sovereignty and National Civil Procedure: An Analysis of State Practice in Japan

Author:Keisuke Takeshita
Pages:361-362
SUMMARY

Advanced telecommunication technologies enable us to employ new methods for judicial acts in the national civil procedure, such as facilitating evidence through a video-link system. However, before implementing these methods in the national proceedings for cases with foreign elements, it is necessary to elucidate the relationship between sovereignty and judicial acts of courts, including the... (see full summary)

 
FREE EXCERPT
Sovereignty & National Civil Procedure 361
IX JEAIL 2 (2016)
Keisuke Takeshita
Advanced telecommunication technologies enable us to employ new methods for
judicial acts in the national civil procedure, such as facilitating evidence through
a video-link system. However, before implementing these methods in the national
proceedings for cases with foreign elements, it is necessary to elucidate the relationship
between sovereignty and judicial acts of courts, including the validation of these
new methods. This is because judicial acts by courts are considered to fall within the
purview of the exercise of sovereignty from a Japanese perspective. From the analysis
on Japanese state practices to date, it is recognized that Japan has strictly abided by the
principle of territoriality under public international law. Nevertheless, reconsidering
the meaning of sovereignty, Japan can adopt a more liberal and tolerant policy. In
particular, Japan can become more tolerant of other countries’ judicial acts, which may
be conducive to the better delivery of justice in transnational civil and commercial
dispute settlements.
Keywords
Sovereignty, Civil Procedure, State Practice, Japan, Service of Process
Associate Professor of Law at Hitotsubashi University, Tokyo, Japan. LL.B. (Tokyo). ORCID: http://orcid.org/0000-
0002-5936-551X. The author may be contacted at: kei.takeshita@r.hit-u.ac.jp / Address: Hitotsubashi University School
of Law, 2-1, Naka, Kunitachi, Tokyo 186-8601 Japan.
DOI: http://dx.doi.org/10.14330/jeail.2016.9.2.03
Sovereignty and
National Civil Procedure:
An Analysis of State
Practice in Japan

To continue reading

REQUEST YOUR TRIAL