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This timely book explores the relationship between Japan and the
European Union as they work increasingly closely together in many
areas of global governance. It discusses the most salient areas of
such cooperation from a range of perspectives, while examining not
just convergences but also differences. Written by experts from
both Europe and Japan, interdisciplinary chapters investigate both
actors' current approaches to global governance and multilateralism
as well as providing a historical perspective on their bilateral
relations. The book explores their cooperation in areas stretching
from trade and finance to security in light of the recent EU-Japan
Economic Partnership Agreement and Strategic Partnership Agreement.
Offering insights into their current relationship, it outlines
challenges for the future, and draws relevant lessons from the
history of global governance in Asia and Europe. Scholars of Asian
and European law with an interest in international governance and
regulation, and particularly those working in EU-Japan affairs,
will find this a significant and stimulating read. It will also be
useful for policy-makers in the EU and Japan working in
international security, trade, and economic, monetary and financial
policy.
Relations between the EU and East Asia have consistently expanded
in recent years, particularly between the EU and Japan. Against the
background of negotiations on an economic and strategic partnership
agreement, the EU-Japan relationship is set to become the single
most comprehensive 'region-to-state' relationship the world has
known today, accounting for more than a third of world GDP and a
combined population of more than 600 million people. This book
addresses the potential role of the EU, in cooperation with Japan,
to craft a stable and prosperous mode of governance in the Asian
region. In today's globalized world seemingly defined by waxing
Chinese power and waning American power, the book reflects the lack
of appreciation for an EU-Japan concert in maintaining and
developing multilateral principles. It aims towards fortifying this
relationship by acknowledging that in order to enhance the
credibility and capabilities of such an alliance, it is necessary
to take stock of where the partnership stands today, what kind of
obstacles still need to be overcome and which options have been
left untouched. By introducing state-of-the-art empirical research
in multiple fields, this book will be of key interest to students
and scholars of international relations, comparative regionalism,
the European Union and Japanese politics.
The role of culture in the operation of Japanese law is one of the
great questions of sociolegal studies. Discussions tend to
polarize, between a simplistic view of cultural determinism and a
more universalist approach that emphasizes institutions. This
superb collection, with a diverse and accomplished set of
contributors, takes culture seriously. It shows how legal
institutions have both shaped and been shaped by Japanese legal
culture. A state-of-the art assessment of Japanese law after more
than a decade of reforms, this book is a must for anyone interested
in understanding legal culture more broadly.' - Tom Ginsburg,
University of Chicago Law School, US'The Changing Role of Law in
Japan is a path-breaking work of comparative legal scholarship,
offering a fresh and compelling perspective on the Japanese legal
system that makes it essential reading for anyone interested in the
role of law in industrialized democracies. The editors present a
convincing case for putting a dynamic conception of culture at the
heart of comparative legal studies, while simultaneously
demonstrating the wisdom of comparing Japanese law and legal
institutions to their European rather than their American
counterparts. This is a volume that will be read, and debated, for
years to come.' - Eric A. Feldman, University of Pennsylvania Law
School, US The Changing Role of Law in Japan offers a comparative
perspective on the changing role of law in East Asia, discussing
issues such as society, cultural values, access to the legal system
and judicial reform. This innovative book places Japan in the wider
context, juxtaposed with Europe, rather than the US, for the first
time. Parallel to Japan's rise to economic prominence on the world
scene in the 1960s, law and legal thinking in the country have
become the focus for academic research in various respects. One
recurring question has been how Japan managed to become one of the
most important economic actors in the world, without the legal
infrastructure usually associated with complex economic activities.
This book addresses many current issues that illustrate important
changes in Japanese society and its political and legal systems.
The authors investigate fundamental questions about the precise
role of law and the courts in Japan, and try to go beyond the
classical paradigm that attributes the particularities of Japan to
its unique culture or its exceptional position. The various
contributions to this book all demonstrate the importance of
challenging existing conceptions and revisiting them through
meticulous socio-legal and empirical research. This book will
appeal to scholars of sociology of law, international studies and
those interested in a transnational approach to the legal
framework. Graduate students dealing with law in Asia, intellectual
property, patent law and competition law will also find much
relevance in this interesting and stimulating book. Contributors:
V. Gessner, R. Hamano, E. Herber, A. Hirata, S. Kozuka, J.
Maesschalck, T. Mihira, M. Murayama, D. Nelken, I. Ozaki, S.
Parmentier, T. Suami, H. Takahashi, S. Vande Walle, D. Vanoverbeke,
E. van Zimmeren
Trial by jury is not a fundamental part of the Japanese legal
system, but there has been a recent important move towards this
with the introduction in 2009 of the lay assessor system whereby
lay people sit with judges in criminal trials. This book considers
the debates in Japan which surround this development. It examines
the political and socio-legal contexts, contrasting the view that
the participation of ordinary citizens in criminal trials is an
important manifestation of democracy, with the view that Japan as a
society where authority is highly venerated is not natural
territory for a system where lay people are likely to express views
at odds with expert judges. It discusses Japan's earlier
experiments with jury trials in the late 19th Century, the period
1923-43, and up to 1970 in US-controlled Okinawa, compares
developing views in Japan on this issue with views in other
countries, where dissatisfaction with the jury system is often
evident, and concludes by assessing how the new system in Japan is
working out and how it is likely to develop.
This book presents a comprehensive overview of EU-Japan relations
from 1970 to the present. It charts developments over the period,
analyses key specific areas of importance to the relationship, and
concludes by assessing how the relationship is likely to develop
going forward. Throughout, the book discusses the factors on both
sides which motivate the relationship, including Japan's concern to
secure markets for its advanced industrial products, and the
factors motivating current negotiations for a deeper and more
comprehensive economic and cooperative partnership.
Relations between the EU and East Asia have consistently expanded
in recent years, particularly between the EU and Japan. Against the
background of negotiations on an economic and strategic partnership
agreement, the EU-Japan relationship is set to become the single
most comprehensive 'region-to-state' relationship the world has
known today, accounting for more than a third of world GDP and a
combined population of more than 600 million people. This book
addresses the potential role of the EU, in cooperation with Japan,
to craft a stable and prosperous mode of governance in the Asian
region. In today's globalized world seemingly defined by waxing
Chinese power and waning American power, the book reflects the lack
of appreciation for an EU-Japan concert in maintaining and
developing multilateral principles. It aims towards fortifying this
relationship by acknowledging that in order to enhance the
credibility and capabilities of such an alliance, it is necessary
to take stock of where the partnership stands today, what kind of
obstacles still need to be overcome and which options have been
left untouched. By introducing state-of-the-art empirical research
in multiple fields, this book will be of key interest to students
and scholars of international relations, comparative regionalism,
the European Union and Japanese politics.
This book presents a comprehensive overview of EU-Japan relations
from 1970 to the present. It charts developments over the period,
analyses key specific areas of importance to the relationship, and
concludes by assessing how the relationship is likely to develop
going forward. Throughout, the book discusses the factors on both
sides which motivate the relationship, including Japan's concern to
secure markets for its advanced industrial products, and the
factors motivating current negotiations for a deeper and more
comprehensive economic and cooperative partnership.
Trial by jury is not a fundamental part of the Japanese legal
system, but there has been a recent important move towards this
with the introduction in 2009 of the lay assessor system whereby
lay people sit with judges in criminal trials. This book considers
the debates in Japan which surround this development. It examines
the political and socio-legal contexts, contrasting the view that
the participation of ordinary citizens in criminal trials is an
important manifestation of democracy, with the view that Japan as a
society where authority is highly venerated is not natural
territory for a system where lay people are likely to express views
at odds with expert judges. It discusses Japan's earlier
experiments with jury trials in the late 19th Century, the period
1923-43, and up to 1970 in US-controlled Okinawa, compares
developing views in Japan on this issue with views in other
countries, where dissatisfaction with the jury system is often
evident, and concludes by assessing how the new system in Japan is
working out and how it is likely to develop.
Global Constitutionalism argues that parts of international law can
be understood as being grounded in the rule of law and human
rights, and insists that international law can and should be
interpreted and progressively developed in the direction of greater
respect for and realization of those principles. Global
Constitutionalism has been discussed primarily by European
scholars. Yet without the engagement of scholars from other parts
of the world, the universalist claims underlying Global
Constitutionalism ring hollow. This is particularly true with
regard to East Asia, where nearly half the world's population and a
growing share of global economic and military capacities are
located. Are East Asian perspectives on Global Constitutionalism
similar to European perspectives? Against the background of current
power shifts in international law, this book constitutes the first
cross-cultural work on various facets of Global Constitutionalism
and elaborates a more nuanced concept that fits our times.
Global Constitutionalism argues that parts of international law can
be understood as being grounded in the rule of law and human
rights, and insists that international law can and should be
interpreted and progressively developed in the direction of greater
respect for and realization of those principles. Global
Constitutionalism has been discussed primarily by European
scholars. Yet without the engagement of scholars from other parts
of the world, the universalist claims underlying Global
Constitutionalism ring hollow. This is particularly true with
regard to East Asia, where nearly half the world's population and a
growing share of global economic and military capacities are
located. Are East Asian perspectives on Global Constitutionalism
similar to European perspectives? Against the background of current
power shifts in international law, this book constitutes the first
cross-cultural work on various facets of Global Constitutionalism
and elaborates a more nuanced concept that fits our times.
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