Volume 55 (2012) |
CONTENTS |
Justice Toshijiro Nakajima (1925-2011) |
1 |
Feature Articles Recent Trends and Challenges of the ICJ Jurisprudence |
Some Observations on Recent Trends in the Work of the International Court of Justice |
4 |
|
Alexander Orakhelashvili | ||
Substantive Applicable Law, Consensual Judicial Jurisdiction, and the Public Interest in International Litigation |
31 |
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The Principle of Jura Novit Curia in the International Court of Justice: With Reference to Recent Decisions |
77 |
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Hironobu Sakai | ||
La Bonne Administration de la Justice in the Incidental Proceedings of the International Court of Justice |
110 |
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Karel Wellens | ||
The Legal Significance Given to the Security Council in the Court’s Jurisprudence since Lockerbie |
134 |
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Yasuhiro Shigeta | ||
Obligation to Protect the Environment in the ICJ’s Practice: To What Extent Erga Omnes? |
176 |
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Mariko Kawano | ||
Standing of a State in the Contentious Proceedings of the International Court of Justice — Judicial Procedure on the Basis of the Consent ofthe Parties and the Development of International Legal Rules to Protect the Common Interests of the International Community as a Whole or as Established by a Treaty — |
208 |
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Yoshiyuki Lee-Iwamoto | ||
The Repercussions of the LaGrand Judgment: Recent ICJ Jurisprudence on Provisional Measures |
237 |
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New Japanese Rules on International Jurisdiction: Part Two |
||
Yoshiaki Nomura | ||
Activity-Based Jurisdiction of Japanese Courts — A Bold but Unnecessary Departure — |
263 |
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International Civil Jurisdiction Based on the Place of the Tort |
287 |
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Jurisdiction over Consumer Contracts and Individual Labor-Related Civil Disputes |
306 |
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Japanese Court Cases Involving East Asian Citizens and Corporations: Part One |
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Yayohi Satoh | ||
Law Applicable to Personal Status of Korean and Chinese Nationals before Japanese Courts |
323 |
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Toshiki Mogami | ||
Towards Jus Contra Oligarchiam — A Note on Critical Constitutionalism — |
371 |
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Taira Nishi | ||
Enemy and Criminal — Analysis of the Different Structures of Legal Protection — |
403 | |
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Guo Yujun | ||
Changing Private International Law in China |
440 |
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JAPANESE DIGEST OF INTERNATIONAL LAW |
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Koichi Morikawa and Ryo Yamamoto | ||
Japan’s Responses to the Missile Launches and the Nuclear Test by the Democratic People’s Republic of Korea (2009-2010) |
456 |
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Kyo Arai | ||
The Crime of Aggression: Amendment of the Rome Statute of the International Criminal Court | 487 |
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CASES AND ISSUES IN JAPANESE PRIVATE INTERNATIONAL LAW |
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Mari Nagata | ||
The Applicable Law in Patent Infringement |
496 |
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Keisuke Takeshita | ||
Improper Application of Foreign Laws and Final Appeal to the Supreme Court — The Supreme Court Judgment on March 18, 2008 |
511 |
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BOOK REVIEWS |
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Seigo Iwamoto
|
528 |
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Christoph Rademacher
|
530 |
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Tullio Scovazzi
|
533 |
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Kentaro Nishimoto
|
540 |
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Mitsue Inazumi
|
543 |
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Jun Matsukuma
|
546 |
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Junji Nakagawa
|
548 |
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JUDICIAL DECISIONS IN JAPAN |
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I. Public International Law | ||
Sendai High Court, Judgment, July 12, 2011 | 553 | |
Breaking into a Building and Committing Theft for the Purpose of Revealing Criminal Acts — Freedom of Expression — Article 19 of the ICCPR — Article 21 of the Constitution of Japan |
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Oita District Court, Judgment, October 18, 2010 | 556 | |
The Right of Foreign Nationals to Receive Public Assistance — Articles 1 and 2 of the Public Assistance Act — Articles 25 and 14(1) of the Constitution of Japan — Articles 2(2), 9 and 11(1) of the ICESCR |
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Hiroshima District Court, Judgment, March 23, 2011 | 560 | |
The Right to Confidential Communication between a Sentenced Inmate and His/Her Counsel — Article 14(3) of the ICCPR — Abuse of Discretion |
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II. Private Interantional Law | ||
Tokyo High Court, Judgment, December 21, 2010 | 566 | |
Formation and Validity of Arbitration Agreements — Governing Law of Arbitration Agreements — Arbitration Agreements in Form Contracts — Construction of the Arbitration Agreement |
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Intellectual Property High Court, Judgment, November 28, 2011 | 569 | |
Applicable Law for a Domestic Damages Claim Based in Foreign Copyright Infringement — Unfair Competition Prevention Act — Taiwanese Copyright Law — The Horei — The Act on General Rules for Application of Laws |
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Tokyo District Court, Judgment, February 15, 2011 | 572 | |
International Arbitration — Construction of Arbitration Agreement — Employment Contract — The Horei — General Rules for Application of Laws — Supplemental Rules of Arbitration Law — Arbitration Law of 2003 |
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Tokyo District Court, Judgment, March 28, 2011 | 577 | |
Validity of Foreign Judgments — Divorce — Code of Civil Procedure Article 118(3) — Resisting Enforcement of a Foreign Judgment and Public Policy |
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CHRONOLOGY OF JAPANESE FOREIGN AFFAIRS |
581 | |
CHRONOLOGICAL LIST OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS CONCLUDED BY JAPAN IN 2011 |
605 | |
DOCUMENTS |
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I. Treaties | 608 | |
II. National Legislation | ||
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745 | |
III. Other Documents | 752 | |
ACTIVITIES |
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I. Activities of the International Law Association of Japan | 766 | |
II. Activities of Related Academic Associations in Japan | 772 | |
INSTRUCTIONS FOR SUBMISSIONS TO THE JAPANESE YEARBOOK OF INTERNATIONAL LAW |
782 | |
TABLE OF CASES (pdf) | 785 | |
TABLE OF TREATIES AND OTHER INSTRUMENTS (pdf) | 793 | |