In order to examine the legal problem for a certain international transactions, it is necessary to assume the dispute settlement land for its international transactions.
Realistically, we confirm areas of high frequency, which is used as an international trade dispute settlement land as assumed grounding,
In addition to if there is a place that might be dispute settlement areas from the special conditions of the individual case that, as they also assumed grounding
It is advisable to add consideration.
If you want to assume a dispute settlement land by litigation
Dispute settlement land requirements
① dispute settlement areas of judicial institutions must have the international jurisdiction per the dispute.
② it is necessary that the other party of the property is the land likely to be located or located.
The land that can be enforceable against the other party of the property.
③It is necessary that the contents and judicial institutions of the international trading method is the earth high predictability of the results have been developed.
Fast, in order to be carried out a fair trial has justice system are in place, the actual situation of international trade
Bright judge needs to be us against the dispute settlement.
④It is desirable that the land can be carried out dispute settlement procedures by English is the common language of international trade.
In the dispute settlement proceedings, for the use of their official languages is with obligations customary.
Meet the above-mentioned conditions, in reality, international trade in general about the litigation dispute resolution system that is being used hood District
Land which is considered as a dispute settlement land, in the current situation, it comes to the UK London and New York, USA.
International Trade Law of Japan
The study of the above, in the case SCG GROUP, Inc. is a normal, location should be assumed as a dispute settlement land is,
There would be in the United States in New York City and London, England.
Its Besides, SCG GROUP company, it is necessary to be one of the assumed grounding of Japanese.
It is, as the Japan of the parties, or filed a lawsuit in Japan, the opportunity to participate in the dispute resolution, such as or response to action
This is because it is expected to be not less.
The basic structure of the international and Exchange Law of Japan (source of law)
In order to know the international and Exchange Law of Japan, first of all, what it is and how such a basic structure?
What kind of format of what is present in any order? It is beneficial to understand the basic structure (source of law).
Basic structure (source of law) are as follows.
① the Constitution of Japan
International and Exchange Law of Japan, because it is part of the Japanese legal system as vertices the Constitution Act,
Stand at the top of the basic structure of international and Exchange Law of Japan is the Constitution of Japan. (Chapter 98, paragraph 1 the Constitution of Japan)
②Japan has entered into treaties and established international law (international law)
The conclusion of the treaty, it is necessary to the National Assembly for approval, because the Japanese are rules the
strict observance of the entered into treaties and established international law,
Constituting a part of the international and Exchange Law of Japan, but for the priority of the international law and the Constitution, in Constitutional Law
It is where there is a discussion, but it is common belief that the construed as the Constitution takes precedence.
③Japan of the relevant laws and regulations
Constitution Article 76 third term, the judge, has mandated the application of Japan's laws and regulations with the Constitution of Japan,
Those related to the international trade of the Japanese laws and regulations, to constitute a part of the international and Exchange Law of Japan.
The Constitution Article 98, along with the Constitution takes precedence over laws, treaties and Japan has signed
Established international law is also understood to priority to laws and regulations.
④ foreign law that has been designated as the applicable law by the private international law of Japan
Japan is of that is part of laws and regulations of the laws and regulations, the legal relationship of international trade, as the governing law of the foreign law by the case,
Since the foreign law has been ordered to apply as long as they do not contrary to public order and morals of Japan (law Article 33),
Foreign law that has been designated by law constitutes a part of the international and Exchange Law of Japan. And, be understood that the laws of Japan and apposition.
⑤ customary law
A practice that is not contrary to public order and morals, accepted as customary law those relating defunct matters regulations in laws and regulations,
It has given the effect such as the following.
About things related to (a) Shoji takes precedence over effect to the Civil Code as law (Commercial Code Article 1)
But for those not related to (i) Shoji, same effect as a law (law Article 2)
In the current situation, but such there is nothing that has been recognized as customary law, about the documentary letter of credit
For the 'unified credit-like rule' is, there is also a view that acknowledge this with customary international law.
⑥Thread in a way that makes conventional wisdom and public order
More than Japan's international trade law structure will be matters that are not regulations in part of, the judge, on the grounds (blood donation of laws and regulations
Because it is not it is allowed to reject the trial, by Jori (also referred to conventional wisdom, public order and morals, such as with the case)
The case from performing the trial Jori also form part of the international and Exchange Law of Japan. (Excerpt from the international trading Buddhist theory)
nextI tried to explain about the legal issues related to the subject of international trade.
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