Japanese Attorney at Law - Bengoshi L.L. - Japan Compliance (Page 68)

Unrecognized States and Treaty Obligations: Japanese Supreme Court on North Korean Copyrights and the Berne Convention

Date of Judgment: December 8, 2011 Supreme Court of Japan, First Petty Bench The realm of international law is built upon the interactions between states. However, complex legal questions arise when an entity that is not formally recognized as a state by a particular country accedes to a multilateral treaty

Can International Customary Law Create Direct Claims Against the State? A Japanese Supreme Court Case on Post-War Compensation

Date of Judgment: March 13, 1997 Supreme Court of Japan, First Petty Bench Article 98, paragraph 2 of the Constitution of Japan provides that "treaties concluded by Japan and established laws of nations shall be faithfully observed." This incorporates international law into Japan's domestic legal order.

A Child's Right to a Nationality: Japanese Supreme Court on "Parents Unknown" Rule

Date of Judgment: January 27, 1995 Supreme Court of Japan, Second Petty Bench The acquisition of nationality is a fundamental aspect of an individual's legal identity, determining their rights and obligations within a state. Japan's Nationality Act, like that of many countries, primarily follows the principle

Nationality at Birth for Recognized Children: A Japanese Supreme Court Solution for Legal Loopholes

Date of Judgment: October 17, 1997 Supreme Court of Japan, Second Petty Bench Japan's Nationality Act primarily follows the principle of jus sanguinis (nationality by descent), meaning a child generally acquires Japanese nationality if one or both parents are Japanese citizens. However, complex family situations, particularly involving presumptions

Equality in Nationality: Japanese Supreme Court Strikes Down Discriminatory Clause for Children of Unmarried Parents

Date of Judgment: June 4, 2008 Supreme Court of Japan, Grand Bench The conditions under which a person acquires nationality are fundamental to their legal status and rights within a state. While legislatures are generally granted broad discretion in setting these conditions, such laws can face constitutional challenges if they

Respecting Arbitration: Japanese Supreme Court on Governing Law and Effect of International Arbitration Agreements

Date of Judgment: September 4, 1997 Supreme Court of Japan, First Petty Bench International commercial arbitration has become a preferred method for resolving cross-border business disputes, offering neutrality, expertise, and enforceability through treaties like the New York Convention. A cornerstone of this system is the arbitration agreement, by which parties

When Foreign Law is Misapplied: Japanese Supreme Court Steps in on International Family Case

Date of Judgment: March 18, 2008 Supreme Court of Japan, Third Petty Bench When Japanese courts handle international cases, they often apply foreign substantive law as determined by Japan's own conflict of laws rules (the Act on General Rules for Application of Laws, or its predecessor, the Horei)

How Can I Temporarily Halt a Harmful Administrative Action in Japan While My Lawsuit is Pending? Understanding Stays of Execution

When a business or individual in Japan is subjected to an administrative action—such as a license revocation, an operational suspension order, or a directive imposing significant burdens—challenging its legality through a formal lawsuit can be a lengthy process. During this period, if the challenged administrative action is allowed

My Business is Harmed by a Government Decision Affecting My Competitor or My Operating Environment in Japan. Can I Sue?

In the complex regulatory landscape of Japan, governmental decisions can have far-reaching consequences, not only for the direct recipients but also for third parties, including competing businesses or those whose operating environment is altered. A common question that arises is: if my business is adversely affected by an administrative disposition—

Which Governmental Actions in Japan Qualify as a "Disposition" (Shobun) Subject to Judicial Challenge?

When a business or individual in Japan believes they have been wronged by a governmental action, seeking judicial review is a primary avenue for redress. The main pathway for this is typically through "appeal litigation" (kōkoku soshō), most commonly a revocation lawsuit (torikeshi soshō), as prescribed by the

How Legally Binding Are Administrative Standards, Notices (Kokuji), and Circulars (Tsutatsu) in Japan?

Businesses operating in Japan frequently encounter a variety of administrative communications and standards issued by government agencies. These can range from formal public notices published in the Official Gazette to internal circulars that guide agency officials. Understanding the legal weight and practical implications of these issuances—specifically Public Notices (kokuji)

Can My Business Rely on Promises or Past Practices of Japanese Administrative Agencies?

Businesses frequently interact with government administrative agencies, whether seeking permits, clarifying regulations, or responding to inquiries. In the course of these interactions, officials may offer advice, provide interpretations, make assurances, or establish consistent patterns of administrative practice. A critical question for any business is: to what extent can we legally

Do Japanese Administrative Agencies Always Need Specific Legal Authorization for Their Actions, Especially in Emergencies?

A fundamental tenet of modern democratic governance is the principle of "administration by law" (hōchi gyōsei), which dictates that administrative organs must act within the confines of the law. A core component of this is the Principle of Legal Reservation (hōritsu no ryūho), known in German legal theory

Unlocking Foreign Judgments: How Japan's Supreme Court Redefined 'Reciprocity'

Date of Judgment: June 7, 1983 Supreme Court of Japan, Third Petty Bench For a judgment obtained in a foreign court to be recognized and enforced in Japan, it must satisfy several conditions laid out in Japan's Code of Civil Procedure. One of the most debated of these

Navigating Japan's Administrative Process for Permits and Licenses: What Are My Procedural Rights?

Engaging with administrative agencies for permits, licenses, approvals, or when facing potential adverse actions like sanctions or revocations, is a common experience for businesses operating in Japan. The fairness, transparency, and predictability of these administrative processes are crucial for legal certainty and effective business planning. Japan's Administrative Procedure

Facing an Administrative Investigation in Japan (e.g., Tax Audit): What Are My Rights and Obligations?

Administrative investigations are an integral part of regulatory oversight in Japan, enabling government agencies to ensure compliance with laws and gather information necessary for their administrative functions. Among these, tax audits conducted by the National Tax Agency (NTA) and local tax authorities are perhaps the most common and significant type

If My Company's Property Rights in Japan Are Restricted by Lawful Government Action: Am I Entitled to "Just Compensation"?

Businesses invest significantly in property, both real and intellectual, as a cornerstone of their operations and growth. In Japan, as in many other nations, private property rights are constitutionally protected. However, these rights are not absolute and may be restricted or even taken by governmental entities for public purposes. When

If a Japanese Government Agency's Unlawful Act Caused My Business Financial Harm, How Can I Claim State Compensation?

Businesses operating in any jurisdiction may, at times, find themselves adversely affected by the actions of government agencies or public officials. When such actions are not only detrimental but also unlawful, and result in financial or other harm, the question of redress becomes paramount. In Japan, the primary legal avenue

My Business Operations in Japan Are Affected by Local Ordinances: When Do They Conflict With National Laws, and Which Law Prevails?

Businesses operating within Japan navigate a dual regulatory landscape shaped by both national laws enacted by the Diet and local ordinances (jōrei) established by prefectural and municipal governments. These local ordinances can cover a wide array of matters, from zoning and land use to public health, environmental protection, and specific

Opportunity to Appeal Matters: Japanese Supreme Court on Procedural Fairness in Recognizing Foreign Judgments

Date of Judgment: January 18, 2019 Supreme Court of Japan, Second Petty Bench The recognition and enforcement of foreign court judgments is a critical aspect of international legal cooperation. In Japan, Article 118 of the Code of Civil Procedure (CCP) outlines the conditions a foreign judgment must satisfy to be

How Broad is Administrative Discretion in Japan, and What Are the Standards for Judicial Review?

Administrative agencies in Japan, much like their counterparts in other developed legal systems, are frequently vested with discretionary powers by a multitude of laws. This discretion allows them to apply general legal rules to specific, often complex, factual circumstances and to make choices among various legally permissible courses of action.

An Adverse Japanese Administrative Decision Is Harming My Business: What Is "Kōtei-ryoku" and How Can I Challenge the Decision?

Businesses operating in Japan, like anywhere else, may encounter administrative decisions from government agencies that adversely affect their operations, plans, or financial standing. This could range from the denial of a critical license, the imposition of a burdensome order, to an unfavorable tax assessment. When faced with such a situation,

Accessing Government Information in Japan: What Are My Rights and How Are Corporate Secrets Protected?

In an era where information is a critical asset, the ability to access government-held documents and data is fundamental not only for ensuring transparency and accountability in public administration but also for enabling businesses to make informed decisions, understand regulatory landscapes, and protect their own interests. Japan, like many developed

What Are the Key Rules for Public Procurement and Administrative Contracts in Japan, and How Is Discretion Controlled?

Public procurement and administrative contracts represent a significant sphere of economic activity where governmental entities engage with private businesses to acquire goods, services, and public works. In Japan, this domain is governed by a framework of laws and regulations designed to uphold principles of fairness, transparency, and economic efficiency. For

How Does Japan's "Administrative Guidance" Impact Businesses, and Is It Legally Binding?

Administrative guidance, or gyōsei shidō (行政指導), is a deeply ingrained and frequently utilized tool by Japanese government ministries and local public entities. It represents a distinct approach to governance, often operating in the grey area between formal legal mandates and informal suggestions. For businesses operating in Japan, particularly those from