The high seas, defined under the United Nations Convention on the Law of the Sea (UNCLOS) as all parts of the sea that are not included in the exclusive economic zone, the territorial sea, or the internal waters of a State, or in the archipelagic waters of an archipelagic State,

The World Trade Organization (WTO) stands as a cornerstone of the multilateral trading system, and at its heart lies a dispute settlement system (DSS) that has been widely regarded as one ofthe most effective and unique international adjudication mechanisms. For businesses engaged in international trade and their legal counsel, understanding

In today's globalized economy, cross-border investment is a critical engine for growth and development. However, foreign investments can be exposed to various political and regulatory risks in host states. To mitigate these risks and promote international capital flows, states have entered into a vast network of International Investment

In an increasingly interconnected world, the lines between international law and domestic (national) law are more frequently tested and scrutinized. For businesses operating across borders, for individuals whose rights may be defined by international standards, and for states themselves, understanding this relationship is paramount. Key questions arise: How does international

When individuals or corporations venture abroad, they operate under the laws and jurisdiction of the host state. However, what happens when their rights under international law are violated by that foreign state, and local avenues for justice prove inadequate? In such circumstances, the national's home state may step

The principle of state immunity, also known as sovereign immunity, is a cornerstone of international law that traditionally shields a state from being sued in the courts of another state without its consent. This doctrine stems from the fundamental concept of sovereign equality, encapsulated in the Latin maxim par in

Customary international law (CIL) is a foundational pillar of the international legal system, comprising rules that states accept as binding legal obligations, even in the absence of a formal treaty. Unlike treaties, which generally bind only the states that have consented to them, CIL rules are typically binding on all

International law, the framework governing relationships between sovereign states and other international actors, is a complex and dynamic field. For corporate legal professionals and international business people, a foundational understanding of where this law comes from—its sources—is crucial for navigating cross-border transactions, investments, and dispute resolution. Unlike domestic

In the intricate landscape of Japanese civil litigation, the "Sogaku" (訴額) – the monetary value assigned to the subject matter of a lawsuit – stands as a pivotal procedural element. It dictates which court assumes jurisdiction and forms the bedrock for calculating mandatory court filing fees. While the ultimate authority

Civil litigation is rarely a static process. As a case unfolds, new information may come to light, legal strategies may evolve, or the opposing party's actions might necessitate a response beyond a simple defense. Japanese civil procedure provides mechanisms for parties to adapt to these changing circumstances, notably

In Japanese civil litigation, the "Sogaku" (訴額) – the monetary value assigned to the subject matter of an action – is a cornerstone for determining court jurisdiction and calculating initial filing fees. Typically, for claims concerning property rights, the "Sogaku" is based on the plaintiff's ascertainable

Receiving a court judgment in Japan does not necessarily mark the end of a legal dispute. Parties dissatisfied with a decision from a court of first instance (such as a District Court or Summary Court) often have the right to appeal to a higher court. This appellate process, however, comes

Obtaining a favorable judgment or arbitral award is a significant milestone, but it often marks the beginning of another crucial phase: enforcement. In Japan, the process of executing judgments and other "titles of obligation" (saimu meigi) is governed by a detailed legal framework, primarily the Civil Execution Act

Businesses operating in Japan, like anywhere else, interact extensively with governmental and administrative bodies. These interactions can sometimes lead to disputes over administrative dispositions—such as tax assessments, the granting or revocation of licenses, land use regulations, or public imposts. When a business decides to challenge such an administrative action

In Japan, the real estate registration system (fudōsan tōki) plays a pivotal role in formally establishing and publicly evidencing rights related to land and buildings. This system serves as a cornerstone for property transactions, providing legal certainty and serving as a mechanism for perfecting rights against third parties (taikō yōken)

Real estate often represents a significant asset for businesses and individuals alike. Consequently, disputes concerning property rights – from establishing clear ownership to recovering possession – are a common feature in legal systems worldwide. In Japan, when such disputes escalate to litigation, a crucial initial step is the determination of the "

In the course of business or personal affairs, situations can arise where an individual or entity is confronted with a demand for payment of a debt they believe is invalid, already settled, or simply non-existent. In Japan, rather than passively waiting for the alleged creditor to initiate legal action, the

For businesses worldwide, the recovery of unpaid monetary dues—whether arising from contractual obligations, loans, or other commercial transactions—is a common and critical aspect of financial health. When such recovery necessitates legal action in Japan, one of the first procedural hurdles is the determination of the "Sogaku"

In today's global marketplace, intangible assets such as copyrighted works, brand reputation, and fair competitive practices are invaluable. For businesses, including U.S. companies operating in or with Japan, protecting these "soft intellectual property" rights is a critical concern. When infringement or unfair competitive acts occur,

For businesses operating in an increasingly globalized and innovation-driven economy, the robust protection of intellectual property (IP) rights such as patents and trademarks is paramount. Japan, a significant hub for technological advancement and brand development, offers a comprehensive legal framework for IP enforcement. When these rights are infringed, litigation often

In Japanese corporate governance, holding directors accountable for breaches of their duties is a cornerstone of shareholder rights and company health. Shareholders have specific legal avenues to address director misconduct, notably through shareholder derivative suits aimed at recovering damages for the company, and through actions seeking to enjoin unlawful director

Company-related litigation in Japan encompasses a variety of legal actions that shareholders or other stakeholders might initiate. A critical procedural aspect of these lawsuits is the determination of the "Sogaku" (訴額), or the value of the subject matter of the action. This valuation is pivotal as it dictates

In the Japanese civil litigation system, it's common for a plaintiff to assert multiple claims against a defendant within a single lawsuit. This practice, known as joinder of claims (seikyū no heigō or, in the context of multiple parties, kyōdō soshō), offers efficiency by allowing related matters to

In the realm of Japanese civil litigation, the initial determination of "Sogaku" (the value of the subject matter of an action) is a critical step that influences both court jurisdiction and the calculation of filing fees. A fundamental aspect of this determination lies in distinguishing between claims that

In our previous exploration of Japanese civil litigation, we established the foundational importance of "Sogaku" – the value of the subject matter of an action. This crucial figure not only dictates which court will hear a case but also serves as the direct basis for calculating the initial court