国際裁判管轄としての特段の事情論

概要

論文の詳細を見る
While the number of international civil actions have been increasing, we have to recognize that there is no internationally harmonized rules for determining jurisdiction. In Japan, on October 16, 1981, the Supreme Court, in the Malaysian Airline Case, showed a standard for international jurisdiction in consideration of "special circumstances," the standard which the lower courts have in principle abided by. Following these cases, the Supreme Court reaffirmed the standard in a certain property case decided on November 11, 1997. At present, the continuing Hague Conference on Private International Law is at the last stage, where the establishment of an internationally harmonized rule "the Convention on Jurisdiction and Foreign Judgements in Civil and Commercial Matters" (the "Convention") is expected for international jurisdiction. Conclusion thereof will result in legislative resolution of the issues. Because I understand the consideration regarding "special circumstances could have significance for the interpretation and application of the Convention by the courts, I will examine the applicability and competence of the "special circumstances" standard for determining jurisdiction under the Convention.
日本法政学会の論文
2001-05-15