The Advance of Globalization and Private International Law

With the advance of globalization, we have entered an era where we are directly connected with and interact with people from other countries. Along with this, cross-border legal disputes involving individuals and companies arise daily. The field of law that resolves these international legal issues concerning individuals and companies is called private international law.

  While Japan's Civil Code applies to issues that unfold solely within Japan, such as when Japanese companies enter into a contract in Japan or when Japanese people marry in Japan, special procedures are necessary because the subject of private international law is international legal issues. Regarding disputes over contracts concluded between a Japanese company and a foreign company, private international law establishes the standards for deciding matters such as in which country's court a lawsuit should be filed and whether Japan's Civil Code or a foreign country's civil code should be applied.

International lawyers (shōgai bengoshi) are well-versed in private international law and handle dispute resolution for international cases. As for disputes that actually occur, for example, when the copyrights of Japanese anime or manga are infringed in a foreign country, or when troubles arise from cryptocurrency transactions conducted through an overseas company, the issue becomes how to protect the rights holders. Recently, disputes related to the Hague Convention concerning child abduction between spouses in cases of failed international marriages have also been on the rise. In addition to handling such disputes, there are also questions for couples wishing to marry internationally, such as in which country they should submit their marriage registration, and which country's civil code they should follow for the conditions of marriage. Furthermore, when a Japanese company enters into a contract with a foreign company, they may agree in advance within the contract, in preparation for future disputes, in which country's court a lawsuit will be filed and which country's civil code will be applied to handle the case.

Private international law holds the ideal that individuals and companies can operate globally without being conscious of national borders or differences in the civil codes of various countries. To realize this ideal, private international law aims for consistency in dispute resolution across countries, meaning that for a given case, the same judgment will be rendered and the same conclusion reached, regardless of the country in which the lawsuit is filed. To achieve this, while adapting to the changing times, it is necessary to constantly pay attention to trends in private international law legislation in other countries and to always reconsider and examine what Japan's private international law should be.