JEAIL > Volume 9(2); 2016 > Issue Focus
Research Paper
Published online: November 30, 2016
DOI: http://dx.doi.org/10.14330/jeail.2016.9.2.03

Sovereignty and National Civil Procedure: An Analysis of State Practice in Japan

Keisuke Takeshita
Hitotsubashi University School of Law, 2-1, Naka, Kunitachi, Tokyo 186-8601 Japan.
Corresponding Author: kei.takeshita@r.hit-u.ac.jp

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

Advanced telecommunication technologies enable us to employ new methods for judicial acts in the national civil procedure, such as facilitating evidence through a video-link system. However, before implementing these methods in the national proceedings for cases with foreign elements, it is necessary to elucidate the relationship between sovereignty and judicial acts of courts, including the validation of these new methods. This is because judicial acts by courts are considered to fall within the purview of the exercise of sovereignty from a Japanese perspective. From the analysis on Japanese state practices to date, it is recognized that Japan has strictly abided by the principle of territoriality under public international law. Nevertheless, reconsidering the meaning of sovereignty, Japan can adopt a more liberal and tolerant policy. In particular, Japan can become more tolerant of other countries' judicial acts, which may be conducive to the better delivery of justice in transnational civil and commercial dispute settlements.

Keywords : Sovereignty, Civil Procedure, State Practice, Japan, Service of Process

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