RESEARCH PROGRESS (Interim Report [May, 2007])

Overall Research

International Symposium in order to research recent issues concerning legal matters related to transnational business disputes

• First International Symposium
• Second International Symposium
• Third International Symposium

Research on National Civil Trial Procedures

Not only has essential legal information concerning national civil court systems not been sufficiently exchanged, but also there is a shortage of essential basic information about legal procedures in foreign countries, which could lead to transnational business disputes and court cases. This situation is marked within Japan, where information concerning the U.S.A. is widely available compared to other countries. Especially, we have a shortage of legal data related to European countries. Also, this situation is apparent in other countries and the availability of legal information is extremely uneven. In view of this current state of affairs, the work of this project, in creating a basic network for scholars specializing in national civil case law to gather and analyze data concerning national civil courts can be thought to be extremely valuable. Due to this, here in Japan, we decided to collect basic, essential information concerning national civil legal systems of countries which traditionally, we did not collect sufficient data about. The present subjects of our research are the U.K., Finland, Italy, Hungary, France, and so on. We are now quickly trying to create a three hundred page outline in English of each national civil law system based on the work of working groups of scholars of that country's law which will address the following topics

1. The Historical Background of the Civil Legal System
2. The Legal System
1. Courts System
2. Lawyers
3. Costs and Expenditure
3. (Civil) Suits
1. International Civil Jurisdiction
2. Procedural Characteristics
3. Evidence Collection
4. Certification
5. Judgement
6. Foreign Judgement
4. The Execution of Judgements
5. The Maintenance of Systems of Procedure
6. International Arbitration

Already, we have completed the manuscript about the U.K. and are currently in the process of preparing for publication.

New Style of Research

In this way, through the research and work of the study groups, along with regular symposiums and the creation of a network of legal scholars, deep historical foundations which created each country's unique civil legal codes become comprehensible. In order to fully grasp current realities such as these, it is important to not simply make superficial comparisons. One must fully understand the historical basis of legal systems, in order to be able to fully comprehend the systems of today. It is obvious that it is essential to have a basic historical analysis from as wide a perspective as possible, as even the rapid legal developments in the European countries today are based upon a long legal history. It is essential that we create a network of legal scholars to exchange information about the different legal traditions and systems, as this will help to create mutual understanding and a rich wealth of comparative legal knowledge. It is desirable that we continue to debate and discuss issues from this perspective in order to gain a new analysis.

• Research Progress
• Self-Evaluation
• Plan after Fiscal Year 2007