ID :
13191
Mon, 07/21/2008 - 09:42
Auther :
Shortlink :
https://oananews.org//node/13191
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Japan to clarify possible cases of lawsuits against foreign gov'ts
TOKYO, July 21 Kyodo - The Japanese government has decided to submit to the Diet next year a bill to clarify cases in which lawsuits against foreign governments can be filed with Japanese courts, sources close to the matter said Saturday.
The bill is expected to allow Japanese courts to treat a foreign government as a defendant in disputes such as those concerning business transactions and employment contracts, and as long as the lawsuit does not infringe upon thesovereignty of the foreign country, the sources said.
In principle, states are exempted from being treated as defendants by courts in foreign countries under international law. But recently it has becomeinternationally common not to apply this principle to such disputes.
Unlike in the United States and Britain which already have domestic laws enabling lawsuits against foreign governments, it has been unclear whether suchsuits are allowed in Japan.
The Justice Ministry is expected to ask an advisory panel for the justiceminister to draft the bill in early September, the sources said.
The Japanese government will also ask the Diet to ratify the 2004 U.N.
convention that lists cases in which lawsuits can be filed against foreigngovernments.
The bill is expected to be based on the convention, the sources said, adding that it will cover possible lawsuits against foreign governments, foreignindependent administrative entities and foreign central banks.
In addition to suits related to business transactions and employment contracts, those over traffic accidents and violation of patents and copyrights are alsoexpected to be listed as possible cases in the bill.
In cases where foreign governments do not comply with the ruling by Japanese courts and their assets need to be seized, the courts will allow compulsory seizure of only real estate and bank accounts owned for commercial purposes and exempt public assets such as embassy buildings and official vehicles, accordingto the sources.
In December 1928, Japan's prewar Supreme Court ruled that foreign governments are exempted from Japanese jurisdiction and the decision has long beenobserved.
However, the postwar top court ruled in 2006 that foreign governments can be sued in Japan over business transactions and other matters that do not infringe upon their sovereignty. The ruling was made in a lawsuit filed by two Japanese firms against the government of Pakistan seeking payment for computers andperipheral equipment.
==Kyodo
The bill is expected to allow Japanese courts to treat a foreign government as a defendant in disputes such as those concerning business transactions and employment contracts, and as long as the lawsuit does not infringe upon thesovereignty of the foreign country, the sources said.
In principle, states are exempted from being treated as defendants by courts in foreign countries under international law. But recently it has becomeinternationally common not to apply this principle to such disputes.
Unlike in the United States and Britain which already have domestic laws enabling lawsuits against foreign governments, it has been unclear whether suchsuits are allowed in Japan.
The Justice Ministry is expected to ask an advisory panel for the justiceminister to draft the bill in early September, the sources said.
The Japanese government will also ask the Diet to ratify the 2004 U.N.
convention that lists cases in which lawsuits can be filed against foreigngovernments.
The bill is expected to be based on the convention, the sources said, adding that it will cover possible lawsuits against foreign governments, foreignindependent administrative entities and foreign central banks.
In addition to suits related to business transactions and employment contracts, those over traffic accidents and violation of patents and copyrights are alsoexpected to be listed as possible cases in the bill.
In cases where foreign governments do not comply with the ruling by Japanese courts and their assets need to be seized, the courts will allow compulsory seizure of only real estate and bank accounts owned for commercial purposes and exempt public assets such as embassy buildings and official vehicles, accordingto the sources.
In December 1928, Japan's prewar Supreme Court ruled that foreign governments are exempted from Japanese jurisdiction and the decision has long beenobserved.
However, the postwar top court ruled in 2006 that foreign governments can be sued in Japan over business transactions and other matters that do not infringe upon their sovereignty. The ruling was made in a lawsuit filed by two Japanese firms against the government of Pakistan seeking payment for computers andperipheral equipment.
==Kyodo
