Private International Law

Dai YOKOMIZO Professor

Department: School of Law / Graduate School of Law

Class Time: 2013 Fall Tuesday
Recommended for: School of Law
3rd,4th year students

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Course Overview

The number of private international activities has been increasing steadily due to the borderless effect on the economy, and along with this the problems dealing with international law between individuals (or between private citizens and nations) are becoming more diverse and complicated. Overseas traffic accidents, international car robberies, extraterritorial applications of the antimonopoly act and the communications act as well as the conflicts of national laws and regulations, intervention in the international trade of nationalization, expropriation measures and asset freezing measures, large scale bankruptcy of multinational companies in multiple countries, and legitimacy of American exemplary damages judgments in our country are such examples of problems that are too many to count. Moreover, not only these property related cases, but also cases related to one's status such as international jurisdiction over divorce, legitimacy of foreign judgments ordering the surrender of children in our country, contention over children in international custody cases, the approval in our country of foreign judgments that have confirmed the parent-child relationship in surrogacy, are examples of international disputes that are also great in number.

Teacher's Tips

Private international law (conflict of laws) is law that is used to coordinate multiple related law systems. In comparison with civil law and commercial law, it is harder to understand in what situations problems will occur in the first place. Therefore, we aim for students to grasp a clear image of private international law by bringing up as many international civil affair dispute cases as possible. On the other hand, because private international law not only accepts Japanese law, but also accepts the application of foreign law and the approval and execution of foreign judgments, it raises the fundamental question of "why do we do this in the first place?" Therefore, in order for students to develop an interest in not only actual disputes, but also in theoretical problems, we will try to delve into theoretical issues as much as possible.

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Course Aims

This lecture will provide basic knowledge by focusing on the foreign law application system. Students are encouraged to study beforehand on each topic by reading textbooks or reference books and trial cases or references that are cited in the summaries as much as possible.

Textbooks

USA
Richman/Reynolds, Understanding Conflict of Laws (3rd, 2002)
UK
Briggs, The Conflict of Laws (2nd, 2008)
France
Courbe, Droit international prive (Hachette, 2007)
Germany
Linke, Internationales ZivilprozeBrecht (4. Aufl. 2005)
Other
Hague Academy of International Law, Recueil des cours (Collected Courses)

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Page last updated October 14, 2015

The class contents were most recently updated on the date indicated. Please be aware that there may be some changes between the most recent year and the current page.

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