1st Edition

Changing Orders in International Economic Law Volume 2 A Japanese Perspective

Edited By Dai YOKOMIZO, Yoshizumi TOJO, Yoshiko NAIKI Copyright 2024

    These two groundbreaking volumes look at complex legal issues in the changing global economy from the perspective of Asia and/or Japan. Contributors scrutinize the past, present, and future and discuss what the global legal order in economic fields could be like by navigating uncertain and turbulent times.

    The books address six main themes: (1) Polarization and diversification of values, progress of regionalism and restructuring of multilateral rules, (2) Full-scale arrival of the digital economy and its impact, (3) Empowerment of private persons/entities, (4) Reconsideration of the concept of “territorial jurisdiction”, (5) Law of national security and rule in emergency situations, and (6) Values of Sustainable Development Goals (SDGs) in trade and investment liberalization rules. The books also examine various legal problems under the COVID-19 crisis and suggest how the post-COVID-19 global economic order will be from the perspective of Asia and/or Japan.

    This comprehensive insight will shed light on the intertwined and complex phenomena of world economy and allow readers of business law and international law to have a better understanding of this volatile era.

    List of Tables

    List of Contributors

    Table of International Treaties

    1 Introduction

    DAI YOKOMIZO

    2 International Aspects of Data Protection Law: A Private International Law Perspective

    MARI NAGATA

    3 The Impact of InsurTech on the Legal Treatment of Crossborder Insurance Transactions by Telecommunications

    TAKUYA YOSHIZAWA

    4 Introducing Information Technology to the Japanese Code of Civil Procedure and Cross-Border Service of Process and

    Examination of Evidence

    NOZOMI TADA

    5 Conflict of Laws in the Proprietary Restitution of Blockchain-based Crypto-Assets

    KOJI TAKAHASHI

    6 Digital Platforms and Competition Law/Complementary Legislation of Japan

    KAZUHIRO TSUCHIDA

    7 Monetary Sovereignty and Future Global CBDC Competition: A Japanese Perspective

    TAKASHI KUBOTA

    8 Rule-Making Dynamics on Anti-Doping in Sport – based on the Valieva Case in 2022

    YOSHIHISA HAYAKAWA

    9 Cross-Border Trade Secret Infringement and Private International Law

    SHIGEKI CHAEN

    10 Cross-Border Consumer Protection in Japan

    TAKAMI HAYASHI

    11 Government Access to Data and International Cooperation toward Data Free Flow with Trust

    KOJIRO FUJII AND YURIKA ISHII

    12 Legal Framework for Data Free Flow with Trust (DFFT): Trade Agreements as Incubators to Enhance Trust of Data Transaction

    TAKEMASA SEKINE

    13 Denial of Benefits Clauses and the Limit of Investors’ Procedural Rights in International Investment Arbitration

    YOSHINORI ABE

    14 Freedom and Party Autonomy in Private International Law: Party Autonomy as an Empowerment of Private Persons

    KEISUKE TAKESHITA

    15 International Cooperation and Harmonization in Public Enforcement of the Japanese Competition Law

    SHUYA HAYASHI

    Index

    Biography

    Dai Yokomizo is Professor of Private International Law at the Graduate School of Law, Nagoya University.

    Yoshizumi Tojo is Professor of International Economic Law at the College of Law and Politics, Rikkyo University.

    Yoshiko Naiki is Professor of Public International Law at the Graduate School of Environmental Studies, Nagoya University.