Foreign Law in Japanese Courts - A Comparison with the English Approach: Idealism versus Pragmatism

Abstract:     
The dichotomy of idealism versus pragmatism pervades the contrast between the Japanese and English approaches to conflict of laws but its manifestation is at its starkest in the treatment of foreign law. When choice-of-law rules indicate the application of a foreign law, its treatment gives rise to various issues. While the Japanese approach is geared to the equal treatment of the domestic and foreign laws, the English approach is very much informed by the need to promote speedy and efficient proceedings. Both idealism and pragmatism are positive attributes and the best balance should be sought between the two for each issue involved.

Number of Pages in PDF File: 8

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