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Kyushu University Material / Luke
Nottage's New Contact Details / Feedback
(c) 1998-2001, Luke Nottage. Last
updated on 25 June 2001.
[Sayonara
from Kyushu University!] [Luke Nottage at Sydney University
Law Faculty] [Recent
Updates to this Webpage]
Overview
Here you will first find links to over 100 websites in English
containing a wealth of material of varying quantity and quality
related to Japanese law, particularly business law.
About 50 were taken from Part II.i of Japanese
Business Law in Western Languages: An Annotated Selective Bibliography
(1998, Littleton Co, USA: Fred B Rothman & Co), co-authored
by Harald Baum and Luke Nottage. Only the introductory
section of the book (without footnotes) and the links themselves
(sometimes with a few words of introduction) are reproduced here.
The book adds quite an extensive commentary on each website assessing
its relevance, highlighting particularly useful sub-pages, giving
examples of the sort of material to be found, and so on. The book
contains a wealth of other material as well (click here
for further details). But even the selected information here should
be helpful in accessing more efficiently the burgeoning secondary
literature on or relevant to Japanese law, especially business
law. This webpage also regularly adds links to websites which
have come online since publication of the book in mid-1998. The
dates these were inaugurated are indicated in red, when ascertainable,
and they are introduced in somewhat more detail than some websites
already reviewed in the book. Finally, this webpage mention important
new material which appears on any of the linked websites.
As in the book, this webpage divides the websites into four
main categories: governmental, academic, association, and others.
Within each category, the most helpful websites are generally
listed first, judged mainly in terms of original,
timely, and reliable information; but the order is also
based on the logical structure developed in the book.
In addition, this webpage reports on
some recent developments in Japanese
law, including new sections on "Japanese
Caselaw" and "Cyberlaw".
(For a number of Luke Nottage's own or co-authored works on Japanese
law, such as "Cyberspace
and the Future of Law, Legal Education and Practice in Japan",
click here.)
Recent changes to the website are marked
and/or
dated in red, and some further information may be given in updates. I would be grateful for your
feedback and help in keeping all this up to date: contact me at
luken@law.usyd.edu.au.
Japanese
Law Related Websites
[copyright 1998-2001, Luke Nottage]
Governmental and Quasi-Governmental Organisations:
- Supreme
Court of Japan
- House
of Councillors
- House
of Representatives
including:
- Prime
Minister's Official Residence including:
Brief list of new Ministries etc
and outline of comprehensive central government
reform in effect from 6 January 2001 (but still no longer
available is a webpage containing useful
links, alphabetical and on a diagramme, to other government entities,
with a brief description of what is on their websites)
12 June 2001 report of the Judicial
Reform Council (blue-ribbon advisory committee, recommending
far-reaching changes to Japan's system for administering civil
and criminal justice, including eg further drastic increases
in numbers permitted to become practising attorneys, judges and
prosecutors)
Deregulation policy reports
IT policy reports
- Cabinet
- Ministry
of Public Management, Home Affairs, Posts and Telecommunications
(Somusho)
(formerly
a prime minister's agency and two ministries), including:
- Ministry
of Justice (still Homusho:
see overview) including:
- the Electronic Commerce Study group
(1998 report on commercial registrations, electronic signatures);
- how to apply as a gaikokuho jimubengoshi
(foreign law solicitor);
- nationality law (translation, and note
on dual citizenship)
- immigration (notes and translation
of the immigration and refugee law, and the alien registation
law [amended 1999])
- child prostitution/pornography law
(translation)
- Public
Prosecutors Office (Kensatsucho)
including:
- brief sketch of criminal procedure
- Ministry
of Foreign Affairs including:
- Regulatory Reform (chrononlogy through
to April 1999; 30 March 1999 Cabinet Decision, 3-year program)
- Generalised System of [customs] Preferences
(detailed guide)
- Visas (detailed guide in 2000, including
1990 Ministerial Ordinance on approved work categories)
- Working Holiday Programmes (with more
visa information)
- Law of the Sea (1996 Cabinet "Understanding")
- Ministry
of Finance (MoF, Zaimusho, formerly Okurasho) including:
- Financial System Reform (1997 reports, progress in 1999,
schedule in April 2000; outline
of amendments to the Deposit Insurance Law and Insurance Business
Law)
- Customs ("Customs Administration in Japan 1999"
guide, including translated Customs Law etc [amended until 1998],
outline of amendments for 2000
[including simplified declaration procedure])
- Tax Policy ("Japanese Tax System" 1999 ed, outline
of tax reforms for FY 1999,
Commission
Report 14/7/00)
- Budget and FILP (Fiscal Investment & Loan Program:
no longer compulsory deposits of postal savings
and pension reserves)
- National Tax Administration Agency (Kokuzeicho)
- in Japanese, but including in English:
- Bank of Japan including:
- Bank
of Japan Law amended as of 2001 (establishing the bank as
an autonomous entity, albeit one which must consult with the
government in implementing its objectives of price stability
etc)
- Ministry
of Economy, Trade & Industry (METI, Keizai Sangyosho,
formerlyMITI)
including:
- 2001 White Paper on International Trade (published 29 June
2001)
- Report on survey on conditions for foreign investment in
Japan (27 June 2001)
- Japan External Trade Organisation (JETRO)
- JETRO Head Office website revamped in 2000
including:
- updated overviews of legislation relevant to investing in
Japan (including detailed guide to taxation), and
- guide to intellectual property protection
- JETRO (USA)
- Patent Office
including:
- examination guidelines for computer related software inventions
(28 December 2000)
- Small
and Medium Enterprises Agency
including
- outline of newly enacted Basic Law
- Natural
Resources and Energy Agency (Shigen Enerugicho)
including:
- Nuclear Safety Convention - Japan Report
- Ministry
of Agriculture, Forestry and Fisheries (MAFF) including:
- Ministry
of Health, Labour and Welfare (Koseirodosho, combining Ministries
of Labour, and Health & Welfare)
including:
- importing medication into Japan for personal use (1/2/00)
- food/additives from recombinant DNA
- outlines of policy in outlines of labour standards, workers'
compensation, employment security, equal employment, etc
- social security history in Japan (1996)
- Ministry of the
Environment (Kankyosho, formerly only Agency)
including:
- Ministry
of Land, Infrastructure & Transport (Kokudo Kotsusho,
combining Ministries of Construction and Transport)
including:
- press releases (sometimes with quite detailed information)
regarding transport law & policy, eg amendments to Marine
Transportation Law in 1999 to bolster competition [but only through
to mid-2000]
- Ministry
of Education, Culture, Sports, Science and Technology ("MEXT",
Monbukagakusho, combining Ministry of Education &
Cultural Agency)
including:
- Agency for
Cultural Affairs
including:
- brief outlines of copyright system/legislative amendments,
religious organisations policy, protection of Ainu culture
- more extensive information on protection of cultural property
(including taxes)
- Audit
Board (Kaikei Kensa-in)
(independent
of cabinet and ministries, etc) including:
- CURRENTLY OFFLINE US
House of Representatives Internet Law Library (under
Japan)
- US
Trade Representative's Office eg deregulation talks,
market access, investment
- European
Commission (Brussels) eg Trade
with Japan
- Organisation for Economic
Cooperation and Development (OECD, Paris) including
- World Trade Organisation
(Geneva) including
[Back to Links Index][Back
to Top]
Academic Institutions:
- Temple
University in Japan including
- Kuniko Fujisawa, "New Developments in Japanese Asset
Securitization: Open the Floodgates" (January, 1999)
- Toshiro Nishimura, "Code of Ethics for Japan" (December,
1998)
- Kozo Yabe, "Protection of Configuration of Goods under
Unfair Competition Prevention Regulations in Japan" (Fall,
1998)
- Japanese
Law and Regulation Information (part of the J Guide,
Stanford University's more general Guide to Japanese Information
Resources)
- Washburn
University School of Law
- World Wide
Web Virtual Library - Law (maintained by Indiana University,
search under "Foreign and International Law", then
"F-J" including Japan)
- Japanese
Law and Other Useful WWW Services in Japan (maintained
by Tohoku University Law Faculty): including links to
- Japanese Law resources (mostly in Japanese)
- Law Faculties, Bar Associations
- Personal Webpages (a few in English)
- Research Institutes
- Government
- Osaka University
Law Faculty including:
- Work by Shigeru
Kagayama briefly comparing the Japanese Civil Code with CISG
(UN Sales Convention, not yet ratified by Japan), on consumer
protection, and expert systems for tort in Japan.
- Kyoto Comparative
Law Center
- Tokyo
University Law Faculty
- Institute of Social
Sciences (Tokyo University)
- Ohara
Institute (Hosei University), mostly in Japanese
but:
- bibliography of labour relations books etc
- website of researcher Akira
Suzuki
[Back to Links Index][Back
to Top]
Associations:
- Japanese
Federation of Bar Associations
(Nichibenren) including:
- Code of Ethics, and Regulations on Fees;
- Membership and bengoshi "system" (including
outline of gaikokuho jimubengoshi system and numbers);
- Extensive information on activities of Nichibenren and its
committees.
- Daini
Bar Association (Tokyo)
- Japan
Institute of Certified Public Accountants
including:
- "News Flash" section, sometimes with useful summaries
of new changes to accounting and tax rules
- Tokyo Tax Attorneys Association: guide
to tax attorneys and tax
- Japan
Patent Attorneys Association
including:
- brief outlines of IP
law in Japan
- Patent
Attorneys Cooperation Association of Japan
including:
- list and (mostly English) description of dozens of patent
attorney offices, with links to websites
- Japan Shipping
Exchange including:
- translations of recent legislation, some recently amended,
included the Foreign Lawyers Law, the Arbitration Law (left after
reform of the Code of Civil Procedure in 1996), and the Japanese
Carriage of Goods by Sea Act
- JSE Bulletins (full text since Vol 33, Sept 1996), including
eg T Tateishi "The Enforcement of the Arbitration Agreement
under Japanese Law" (Vol 39, 1999)
- Japanese
Commercial Arbitration Association including:
- JCA Newsletters (in English, since 1996)
- Japan Economic Foundation
(supported by Ministry of Economy):
including:
- report on new framework for venture businesses
- Japan
Foundation (supported by Ministry of Foreign Affairs):
this links to their "Newsletter",
which occasionally [eg Vols XXV/2 and /4] contains short articles
related to law)
- Copyright
Research and Information Center (CRIC): including
- Copyright Update for 2000
- Keidanren (Japan
Federation of Economic Organisations), with "policy
papers" including eg Recommendation
Regarding the Mutual Exchange of Cross-Held Shares (8/98);
and its
- Tokyo
Stock Exchange
- ACCJ (American
Chamber of Commerce in Japan), including its "viewpoints"
on specific issues, eg:
- revisions to the Commercial Code (released 25 July 2000)
- continuing deregulation efforts (21 July 2000)
- Japan Information
Access Project, with reports and news especially on patent
and competition law and policy as well as on Japanese economy
and government generally, including some freely distributed
reports
- Foreign Lawyers Association of Japan (formerly known
as the Roppongi Bar Association, RBA): further details about
this organisation can be obtained from the President, Mr. Leo Tyndall, tel (03) 5791-3790,
(090) 3527-0988.
[Back to Links Index][Back
to Top]
Law Firms, Individuals,
and Corporations:
- CURRENTLY OFFLINE A
Guide to Japanese Law (by a group of Japanese practising
attorneys)
- Masuda
& Ejiri (two shogai bengoshi from Tokyo who
unusually opened a New York office in 1992, with the former still
stationed there, although their firm has since merged in Tokyo
with Asahi Law Offices): "A
Lawyer's Guide to Japan", including short summaries
of virtually all aspects of the legal environment in Japan
- Kojima Law Office
(Tokyo), regularly updating with short "Treatises",
on topical issues often before information available elsewhere,
including eg:
- Liberalization of the Japanese Telecommunication Laws (October
1998)
- Japanese Patent Act Recently Amended to Strengthen the Remedies
Against Infringement (August 1998)
- Japanese Tax Development (July 1998)
- Law Concerning Revaluation of Land (May 1998)
- Andreas
Kaiser's website (by a German lawyer now practising
in Tokyo as a gaikokuho jimubengoshi), including:
- summaries in English and German of recent Japanese
law developments;
- some commentaries and articles;
- free email newsletter.
- CURRENTLY OFFLINE Robert
Seeman's Japan Law website (replacing his Japan Law Base)
includes:
- translations (as of January 1997) of the Foreign Exchange
and Foreign Trade Control Law, Banking Law, Cabinet Order on
Direct Inward Investment, and Regulations on Consolidated Financial
Statements
- Back issues (1982-7) of the Japan Law Letter journal
- "Senrei" website, maintained by Jody Chafee, containing:
- summaries of interesting constitutional,
civil and commercial law cases since 1995 (see also "Caselaw"
section, below); maintained by Tatsuo Shigeta,
- links to other resources
- Mizuho
Securities Co Ltd (the investment banking arm of the
Mizuho Financial Group: formerly IBJ Securities), including:
- (under "Research
and Links") a useful set of links and some original
material, especially for statutes translated into English, accounting,
etc.
- extensive information on financial markets, including Big
Bang deregulation.
- CURRENTLY OFFLINE Family
Lawyer maintained by Tatsuo Shigeta,
a lawyer qualified in Japan and the US, with information primarily
about family and immigration law topics most relevant to foreigners
in Japan: including
- new law changes, recent cases etc
- Bulletin Board (with his responses to e-mail questions)
- Kitahama
Law Office (Osaka)
- CURRENTLY OFFLINE IP
Info from Japan by Tsuruya (employed by the Japanese
Patent Office)
- Japanlaw.co.jp
(Nakamura & Associates, law firm in Tokyo), including:
- How to incorporate a company in Japan (overview)
- New Insurance Business Law (overview)
- New Code of Civil Procedure (in effect from 1 January 1998;
translation of Articles 1 to 38 only)
- Japan IP Resources,
including:
- regular "News Updates"
(mainly but not exclusively intellectual property law, sometimes
with translations of important recent cases)
- excellent annotated lists of links (again, mainly IP)
- AIIPI Journal table of contents from recent issues
- Japan Patent
Site (JPS, "Information of Japanese Patent &
Trademark Attorneys"),
linking
eg:
- Shusaku Yamamoto Patent
Law Office (Osaka, now only including brief abstracts
of short publications in English on IP in Japan)
- Exercises
in Cross-Cultural Negotiations in Japan (used by Christopher
Wells, a registered foreign lawyer (gaikokuho jimubengoshi)
in Tokyo, in classes taught at Temple University in Japan)
- Solberg
International Law Office (run by another registered foreign
lawyer, but based in Osaka)
- Internet
Law Library, by Pritchart Law Webs,
including
links to some articles and some unusual legislation (eg Reserve
Deposit Law) or treaties (eg Axis treaties)
- Rominger
Legal Services, including links divided into four categories:
Legal Resource Guides, Organizations, General Information (newspapers),
and Legal Documents (but mostly in Japanese)
- EU-Japan Center for
Industrial Cooperation
extensive
information on Japan, including:
- some on "G.
Law" (internet portals, translations of laws, CD Rom
databases in Japanese, etc)
- Japanese
Law Connection, including
- a few links directly to various statutes translated into
English
- Kosuke Shimizu's "International
Political Economy Homepage", by a teacher at Kansai
Gaidai, including:
- CURRENTLY OFFLINE Masayuki
Yoshida's Home Page, by a Sheffield University Ph.D.
candidate: including
- nice summary of the debate about "The Reluctant Japanese
Litigant" (Kawashima vs Haley vs Tanaka vs ...); cf Nottage
& Wollschlaeger 1996 etc
- Mainichi Daily News
(with a free archive of back issue articles, now searchable)
- Nikkei Net Interactive
(the new website of Japan's major financial newspaper group,
but now basically user-pays)
[Back to Links Index][Back
to Top]
Japanese
Caselaw
- Generally,
see:
- The "Senrei"
website maintained by Mr Jody Chafee,
in the Seattle law office of Graham & James/Riddell Williams,
containing summaries of interesting constitutional, civil and
commercial law cases since 1995. [4/99]
- The Temple
University in Japan webpage maintained by Vicki Beyer, containing
casenotes and translations of cases on corporate law and governance,
antitrust, and copyright law.
- Recent cases of Teacher
Dismissals etc, briefly introduced (in Japanese with some
English translations and contrasting US law) on the personal
website of a former high school principal.
- Specific case translations include (listed in reverse chronological order):
- Product
Liability [see also the TV case below]: Japan's first judgment
under the PL Law of 1994 (Nagoya District
Court, 30 June 1999, translated by Luke Nottage - annotated version
first published in Vol 10 No 10 [December 1999/January 2000]
Australian Product Liability Reporter at 126-130).
- Patent Law: Doctrine of Equivalents (Supreme Court, 24 February 1998; translated
by Chris Mizumoto, available through News
Update section of the Japan IP Resources
website)
- Parallel Importation of Patented
Goods: The BBS Case (Supreme Court,
1 July 1997; translated by Jinzo Fujino, available through News Update section
of the Japan IP Resources website)
- Defamation
in Cyberspace (Tokyo District Court,
25 May 1997; summary with partial translations by Narufumi Kadomatsu)
[see also the article by John Middleton under "Cyberlaw"
below]
- Indigeneous
Rights of Ainu: The Nibutani Dam Case (Sapporo District Court,
27 March 1997):
- Product
Liability: The Exploding T.V. Case (Osaka District Court,
29 March 1994; full translation by Noburo Kashiwagi, Gerald McAllinn,
and students at Tokyo University Law Faculty in 1995)
- Kawahara House of Representatives Electoral
Malapportionment Case (Supreme Court, Grand Bench, 20 January
1993; full translation on Supreme Court's website)
- The Narita
Airport Protest case (Supreme Court, Grand Bench,
1 July 1992; full translation on the Supreme Court's website)
- NZ-Japan Beef Export
Contract Breach case (Kobe District
Court, 10 November 1962; partial translation by Luke Nottage)
[Back to Links Index][Back
to Top]
Other
Developments
- Product Liability Trends: copyright 1998-2001, Luke Nottage
- Cyberlaw:
- Frank Bennett, "The
Nature and the Nurture of Legal Information Systems" Issue 2001.4.25 Tokyo
Internet Law Journal [4/01]
- Translations of legislation in 2000
on hacking and
digitial signatures
(with English commentary on the latter by Andreas Kaiser) [8/00]
- Luke Nottage, "Legal Sites in
Japan and Other Asian Countries", comparing Korean and Taiwan
(lecture to the NZ Law Librarians' Group, August, 2000) [8/00]
- Funded by a private foundation in Japan,
a group of academics in Japan, the UK, and the US have embarked
on an interdisciplinary study of the
interrelationships between IT developments and legal practice,
education, and participatory democracy: click here for reference
material. A symposium took place at
Kyushu International University in Kitakyushu on June 10, preceded
and succeeded by online discussions. Contact Luke
Nottage for further details. [1/00]
- Luke Nottage "Cyberspace
and the Future of Law, Legal Education and Practice in Japan",
[1998/5] Web Journal of Current Legal Issues [12/98]
- Forum:
Japan's First Electronic Law Journal? Now available at Kyoto
University's Legal
Sociology website [10/98]
- Self-Regulation
in Japan: Electronic Commerce
(Paper presented by Tsuneo Matsumoto
in Wellington, New Zealand, in April 1998)
[6/98]
- John Middleton "Liability
of Service Providers for Defamation in Cyberspace" (1997)
8 European Business Law Review 108 [2/00]
[see also the judgment translated by Narufumi Kadomatsu,
above under Case Law]
[Back to Links Index][Back
to Top]
Archived Kyushu
University Material / Luke
Nottage at Sydney University Law Faculty / Feedback