道垣内は、原子力発電が社会から認められる条件の一つである原子力損害賠償制度についての研究を進め、2011年の福島原発事故後に構築された法制度のうち、特に東京電力が被害者への賠償責任を完全に履行するための法的枠組みの研究を行った。そして、東京電力は巨大な企業であって、原子力発電事業以外に火力、水力等の発電を行い、また配電事業も行っていることから、事故により原子力発電事業が頓挫しても、長い期間をかければ、被害者への損害賠償のみならず、事故後の除染作業・廃炉作業等のコストを負担することができるという特殊な事情があったため、原子力損害賠償・廃炉等支援機構を設立して時間的な余裕を与えるという仕組みがうまく機能したのであって、そのような事情が存在しない場合にはこの日本のモデルはそのままでは同様に機能するわけではないとの結論を得た。他方、岡松は、核拡散防止条約(NPT)について、核戦争勃発が勃発しなかった事実及び南

The purpose of this research project is to draft the "Asian Principles of Private International Law: APPIL (2017)." The APPIL 2017 contains common principles, concerning [1] general rules of choice of law, [2] choice of law rules for contracts and torts, [3] international jurisdiction rules as well as recognition and enforcement rules for civil and commercial matters, and [4] arbitration rules, which accepted by Asian region.The area of family and succession law will be treated in the future research projects

The issues subject to exclusive jurisdiction are determined in accordance with criterion whether or not interference to them by foreign states should be rejected in terms state vs. state context, whereas the issues subject to non-arbitrability are determined in accordance with criterion whether or not they are left to disposal by people in terms of state vs. people context. The former issues, therefore, should be what are deeply involved with the dignity of state, lost of which would impair sovereignty itself; the latter issues should be what people may not be settled by amicable composition.Proceedings which have as their object rights in rem in immovable property in Japan, which are not listed in Article 3-5 of Code of Civil Procedure, should be subject to exclusive jurisdiction of Japanese courts

For the speedy and effective resolution of international civil and commercial disputes in East Asian countries, it is necessary to secure harmonized legal treatments by setting up model rules on international civil procedure, in which liberalized enforcement of foreign judgments and regulation of double litigation on the basis of prognosis of recognition must be included. Furthermore, international judicial assistance between the states with no diplomatic relations like Japan and Taiwan must be carried out in practice by way of non-diplomatic institutions like Taiwanese East Asia Relations Commission and Japanese Interchange Association

The legislative history of the Convention on Choice of Court Agreements, which was adopted in 2005 by the Hague Conference on Private International Law, was analyzed in order to make clear differences and similarities of countries in respect of judicial jurisdiction and recognition/enforcement of foreign judgments. Comparison between choice of court agreements and arbitration agreements was also made in order to have crucial points. The outcomes were utilized in the discussion on the new Japanese rules of judicial jurisdiction in the Legislative Counsel Meetings at the Ministry of Justice of Japan

Our project group aimed at researching on the meaning of expertise in the fields of bioethics, biotechnology and law. By so doing, we hope to produce new experts in these fields in the future.We have done a number of symposiums and workshops among lawyers, physicians, psychologists, ethicists, bureaucrats, and others both internationally and domestically. Our focus has been upon the current trend toward legalization of medical issues and bioethical issues. We have picked up a variety of issues such as terminal care, assisted reproduction, patients' autonomy, health information privacy, and patient safety to discuss between lawyers and other experts in non-law fields. At one time we set up a workshop at Melbourne University Law School, where Australian, American and Japanese experts got together to discuss medical research on human subjects. This series of interdisciplinary discussion made it clear that other non-law experts are dissatisfied with legal approach and thinking about the medical ethics issues. On the other hand, many of them make excessive expectations from law and lawyers who could hopefully give them a clear rule to easily apply. In sum, lawyers are doing too much in one way and too little in the other from their point of view. There is a clear gap between what the law could do and what the law actually does.It means that we need a new academic field to fill the gap. To establish a new discipline, our efforts revealed, we should take into consideration the following three. First, non-lawyers mistakenly think that the core of law is criminal law. Second, for them, law is always a tool for sanctions. The law is to be avoided if possible. It is true that one of the major functions of law is to give sanctions and penalties, but lawyers could think more broadly of law. Law could be a tool for supporting medical ethics and respecting the medical profession in their daily practices. Third, although communication between lawyers and non-lawyers has been difficult, still it is found out to be feasible. The large part of communication gap was due to the lack of it, not to its impossibility. To establish a new medico-legal discipline, the efforts to make a network like ours will be useful and indispensable.In the biotechnology area, the series of discussion revealed likewise the insufficiency of law and legal approach, and also the importance of academic ethics in patent application field

In this project it is intended that current problems of maritime law are researched in terms of transformation of shipping industry where the globalization is deeply progressed through wide spread of flag of convenience and strong competition in global market. Maritime law relates to a lot of aspects of shipping activities, for example, contracts of carriage of goods by sea, marine accident including environmental pollution, finance for shipbuilding and international trade, marine insurance and so on. Analysis of influences of changes of structures of shipping industry and practices upon such aspects is indispensable to modernization of maritime law. This study group analyzed changes of practices in each aspect and their economic backgrounds. Based upon such analysis members of the group tried to propose not only national but also international legislative solutions. Particularly they are strongly expected to contribute to the modernization of Japanese Commercial Code in a few years by the research results of this projects

First this research clarified theoretical and practical problems of the applicable law that should be applied to international commercial relations with a focus on the following private international law and commercial law topics : (a)Corporate Law, (b)Security Settlement, (c)Finance and Security Interest, (d)Sales and Consumer Transactions. Second this research defined the desirable figure of international commercial law in the global society.(a)Corporate Law ; Sano supports the law of the place of incorporation doctrine, while postulating for the discontinuance of a general pseudo-foreign corporation provision. Kozuka criticizes the recent affirmative theories of simplifying the cross-border exchange of stock and international mergers, while advocating for the accumulative application of the law of incorporation and law of the host state for the latter. Through field research, Kono clarified practical problems of distributive application of the law of incorporation and law of the host state.(b)Security Settlement ; From the viewpoint of cyberspace transactions, Dogauchi evaluates the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary as, rules of the applicable law of an account agreement between the account holder and the intermediary.(c)Finance and Security Interest ; Hayakawa asserts that there is a limit to conflict of law rule of lex situs, and that an adjustment of the substantive law is necessary. Kozuka, analyzing the UNIDROIT Convention on International Interests in Mobile Equipment, states that a consistent system design, spanning from the creation of interests to the enforcement of interests on insolvency, is advisable in the promotion of asset based finance. In regards to international transfer of receivables, Nomura advocates that the effect of transfer as to the third parties other than the debtor should be determined by the law of the transferor. Dogauchi identifies the demerits of the law of the forum or lex fori for security interest in vessels, and reevaluates the role of law of the flag.(d)Sales and Consumer Transactions ; Nomura evaluates that the approach of perceiving contractual obligations as a strict liability is a suitable way of thinking in ensuring foreseeablility and security of transactions that accompany the globalization and the conversion to electronic form of transactions. Nomura then suggests that the internationalization, standardization, and incorporation of consumer law into commercial law and general law is making progress

1. Revised Korean Code of conflict of laws contains the general provision on the jurisdiction which is remarkably influenced by the U.S. principle of minimum contacts and reasonableness. But, as clarified in the discussion on Hague Draft Convention, the provisions of the jurisdiction in the international instruments should be constructed with the clear criteria. 2. Cooperation for the service of documents was the urgent and important problem at the beginning of this research project, but after the start of this project, as Korea has joined the Hague Service Convention, the main problems, concerning with the service of documents have resolved. 3. Promoting the cooperation for taking evidence abroad is mostly beneficial and expect worth for the two countries, especially the legal assistance for the. request of investigation which is known only in our two civil procedure law systems.4. As for the cooperation for the recognition and enforcement of judgments, no difficult burden exists between two countries with the court judgments. Simplification of the enforcement proceeding and widening the objects of recognition to the provisional orders and the mediation are expected. 5. Development of the international arbitration system for the disputes on the intellectual property rights is most expected, as the international disputes resolution instruments which could be free from the territorialism of these rights

We made a research on the international family law matters dealt with in the Family Registration System in Japan from the viewpoint of private international law theory. Our main objective has been to present a total view of the international family law matters through in-depth analysis of practices of the Family Registration Office. Our on-going research process has been published on the website (http://www.j.u-tokyo.ac.jp/dogauchi/shougaikoseki/) in order to make it possible for the outside researchers to criticize our draft papers.The final product of our research is the Restatement of the International Family Registration Law. This consists of three parts : Present Practice Proposed Rule, in necessary; and Explanation. This method has been adopted by the American Law Institute in analyzing the practice and proposing new directions.This method makes it possible to send our analysis and conclusions clearly to the relevant governmental agencies and academic societies. The Restatement consists of ten chapters: (1) General Rules; (2) Birth; (3) Adaptation; (4) Adoption; (5) Marriage; (6) Divorce; (7) Parental Authority; (8) Death; (9) Surname; (10) Natinality

This research project aimed at analysis of legal problems under the influence of the globalization. After many discussions we decided to focus on legal issues, which are being and will be caused by the development of the E-commerce. Since the E-commerce is in a sense an extreme way, in which the globalization has emerged, since the border does not have meaning any more. We discussed about financial law, insolvency law, contract law and tort law. We invited also some foreign colleagues to our meetings. The fruits of our final meeting will be published in coming summer as a book, Kono/Paulus/Rajak (ed.), Legal Problems of E-Commerce. I myself published two articles on the Internet auction and legal issues from the viewpoint of civil and commercial laws.

The purpose of this project is a comprehensive research of all the issues concerning the application of the Japanese Corporation Law to transnational affairs.The issues must be examined in two parts. The first is a choice-of-law problem : which country's law is to be applied to the affairs concerning corporation law ? The second is a constructive problem of substantive law : for example, whether the term "corporation" in the Japanese Corporation Law includes a "foreign corporation", if Japanese law is to be applied? Concerning the first problem, in addition to choice-of-law view points, examinations must be made from public-law view points (for example, extra-territorial application of public law) in some circumstances.Important legislative issues of the Japanese Corporation Law concerning foreign corporations include : (1) ambiguity of the provision dealing with quasi-foreign corporations, (2) defects of the provisions concerning foreign corporations (for example, insufficient disclosure of their financial statements), (3) ambiguity of treatment of foreign corporations in bondholders' meetings, mergers etc., (4) requirement of recognized legal entities.Most of the Corporation Law issues brought about by Japanese corporations' transnational activities can be solved adequately by the existing Corporation Law

The Horei, the basic statute of Japanese Private International Law was enacted in 1898. No revision has occurred in the field of International Business transactions, especially in the choice of law rules applicable to Contract, Torts and Property for more than one hundred years since its enactment.
Our research project tries to propose a new set of rules of choice of law in this field in order to adapt the provisions of the Horei to the needs of globalization of Japanese economic and social life in recent years. Five professors of the research project were nominated as the reporters of the symposium 'Problems and Perspectives of the Law of International Business Transactions' sponsored by the Private International Law Association of Japan held at Hokkaido University on June 18-20 in 1999. In the syposium, the points at issue of the present provisions of the Horei were widely analysed, and the directions of revising them were suggested by the reporters.
The reports of the symposium were published in 2 Japanese Year Book of Private International Law 1 (2000). It includes the following articles, Sakurada, The Law Applicable to International Contracts ; Yokoyama, The Exception to Lex Loci Delicti in Japanese Private International Law ; Nomura, International Finance and Conflict of Laws ; Kanzaki, Applicability of the General Choice-of- Law Rules to Maritime Affairs. The report of Professor Dogauchi was published in Jurist No.1175 (2000).

In cyberspace, where there is little meaning in what is located where, it is difficult to localize transactions, which means traditional methods of conflict of laws are obsolete. It would be better for uniform rules applicable to transactions in cyberspace to be created, but it is highly unlikely such rules to be formed. We can employ party autonomy, which has nothing to do with spacial factors of the transaction, but it has its own problem. Although it is suitable to make high predictability, it is not free from abuses by the party who has more power in negotiation, as precedings argue. To accomplish these two ends simultaneously and harmoniously, it is one way to determine the applicable law according to the factors expressed in the transaction, not to the actual one. On the other hand, civil procedures which are formed to resolve conflicts arising out of international trades are national-based for now. That means we must first determine where we should start the procedure-the problem of jurisdiction. But they consider spacial factors of the conflict, such as party's residense, stipulated place of performance, etc, when deciding wheather there is jurisdiction or not. So it may lead to unexpected situation for parties because they pay little attention to such spacial factors in cyberspace transaction, as said above. Generally, it is said we should accomplish fair and prompt resolution as well as equity in parties in international civil procedure, but predictability is equally significant in this context. We will be benefited from cyberspace-based conflict resolution system, if it is duly constructed. Part of such system is realized for the conflict about domain name.

We propose that Insolvency Law Reform should be designed from these 6 viewpoints.(1) Rehabilitation type should be preferred.(2) Unified Code is better.(3) Substantive law should be changed in the Insolvency Law.(4) Real parties, not the courts, should hold the power.(5) Specialists on Insolvency Law should be brought up.(6) Model law of International Insolvency made by UNCOTRAL should be adoptted

Japanese law in international jurisdiction and Recognition/Enforcement of Foreign Judgment not clear. As rules on international jurisdiction have been formulated by court judgments, it is considered necessary to have an international convention having as accurate set of rules on international jurisdiction.The Hague Conference on Private International Law is now making such convention. It made "Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters" in October 1999. Based upon our basic research on rules in this field in several countries, we analyzed the articles of this Preliminary Draft Convention from the viewpoint of the Japanese law.Our conclusion is as follows : As a whole, this Preliminary Draft Convention has many important provisions which are to clarify critical points in dealing with international cases in Japanese courts. However, there are some problems for Japan in the present draft. For example, whereas, this convention covers nuclear liability cases, no special rules for it can be found. In the case of nuclear accident, the courts of the country where the operator situates has to have exclusive jurisdiction in order to secure harmonized protection of victims. Accordingly, such rules should be inserted in the convention. On the other hand, in order to have this convention be ratified by as many countries as possible, we will have to abandon our present practices in some aspects. For example, this draft convention admits jurisdiction on "regular commercial activity" of the dependent in the territory of the court. This provision is inserted by the proposal of the United States. We consider that Japan can accept such provision in consideration of Japanese court practices

The research from 1997 to 1998 can be summarised as follows.
First of all, we carried out the research on electronic money and electronic fund transfer (=EFT) both in foreign countries such as Britain, France and U.S.and in Japan at the Bank of Japan and Mori Sogo Law Office, Based on the interview and discussion with practicing lawyers and bankers specialized in this field we point out that it is very difficult to choose the best method of payment (e.g. electronic money, credit card, debit card. cash) in the coming internet society at the moment.
Second, as regards electronic commerce, some legal issues such as privacy and consumer protection are analyzed through comparative studies between EU (OECD) and Japan. We argue that Japanese response to those issues are very slow and we have a lot of things to learn from the experience and suggestions of EU.
Third, we carried out several experimental researches on security and identification system by running our own system with floppy disk among our research group with the assistance of Hitachi Information Network ltd.
In addition to the report submitted to the Ministry of Education, We have a plan to publish two books in due course. The first is the one Internet Transaction (provisional title, die publisher, Shojihomu-kenkyukai, Tokyo) which collects essays of some distinguished British scholars such as Richard Susskind as well as our research group. The second is the translation of Richard Susskind, The Future of Law (paperback 1998 OUP) which is the first comprehensive book on internet and legal practice.

In 1997, we focused on legal problems, which arise from electronic consumer transactions. Firstly, we explored legal environments, which would remove legal obstacles and promote electronic commerce. Secondly, we analyzed legal problems about electronic money and electronic negotiable instruments. Thirdly, we studied the problems on private international law. Fourthly we studied criminal regulations of illegal contents, and criminal responsibility of Internet service providers.
In 1998, we focused on electronic commerce between business entities, especially legal framework of promoting EDI.In particularly we studied legal problems about electronic authentication or electronic signatures. We also analyzed electronic payment system in electronic commerce. In addition, legal problems concerning criminal regulations on illegal access to electronic data were thoroughly explored.
As the results of above stated research, we came to the conclusion that some legislative measures are necessary in the fields of electronic contract law, electronic authentication, and private international law, but new legal regulations are not indispensable with respect to criminal law and electronic payment. Finally, we made our own legislative proposals in the name of our research group.

In international insolvency, substantive laws and procedural law, domestic and foreign, are concerned. Existing studies are dealing with this subject from very special viewpoint that insolvency is so unique situation that normal rules would be easily overcome. Considering the foreseeability of the actors in real society, however, such sudden change should be avoided. Consistency with the normal rules on private international law seems to be important. From such standpoint, this project analyzed basic problems.

considering that the present rules of private international law in Japan cannot deal with modern and complex transnational legal problem properly, this Study group investigated the new rules, especially on contractual and nono-contractual obligations which are very important in international trade. Our conclusions are as follows : With regard to the contractual obligations, the scope of party automony should be calarified ; In the absence of choice of law by the parties, "characteristic performance test" should be adopted in the definite forms : Mandatory rules of the country which has the most significant interest in the protection of weaker parties shold be applied in certain types of contracts ; Torts should be divided into some categories and governing law should be selected in each category ; Law applicable to agencey, assignment of claims, set-off, Actio Oblique and Actio Pauliana should be spelled out.

In this study, with the objective of analyzing the current situation and gaining a future perspective of the educational environment of international legal studies including public and private laws and politics, a survey was made of the overseas situation as well as the graduate and undergraduate educational environment in Japan. In addition, by asking for the cooperation of the Japan Federation of Bar Associations, the possibility of coordination between theory and practice of international law was also considered. A symposium was held in the final year on the basis of these analyses and it was found that the influence of the reform of the judicial system in Japan is not limited to the law school but extends to institutions for training researchers. It was also pointed out that the globalization of university education is having an impact on the trends of foreign students from various Asian regions and that teaching of international law is also at an important crossroads

This research was a joint research project with Prof. Basedow and Dr. Baum at Max-Planck Institute for Foreign and International Private Law. The aim was the analysis of legal issues in the era of the globalization. As the core fields, we had conflict of laws, international financial law and international insolvency law. We could already publish a book, Basedow/Kono, Legal Aspects of Globalization (Kluwer Law International). In addition to the management of this research, I published three papers on international insolvency law. One is to analyze the UNCITRAL Model Law for cross-border Insolvency from the viewpoint of private international law. The second article is on the draft conventions (also the UNCITRAL-Model law) on the international insolvency (in Europe) and the new Japanese insolvency related laws. The third paper is on various issues on private international law

国際金融スキームに係る法的問題を国際私法の観点から分析・研究する作業を行った。まず、準拠法選択に関する問題として、契約及び債権譲渡の準拠法の決定ルールについて、現在の法例7条及び12条の解釈論上の問題点を検討し、諸外国の国際私法立法・条約等を参考に、立法論的研究を行った。主な結論は、契約準拠法の分割・事後的変更の是認を明文化すべきこと、準拠法指定がない場合には最密接関係地法により、それは特徴的給付を行う当事者の常居所地法と推定すべきこと、消費者保護として消費者が常居所地法に基づく保護を求めた場合にはそれを認めるべきことなどである。それに関連して、ハーグ間接保有証券準拠法条約を研究し、紙媒体を用いないで行う国際的な証券等の担保付取引における担保権の成立・効力の準拠法に関する当事者自治の導入の意義について検討した。その主な結論は、特定の土地との関連性をもって準拠法を定めるサヴィニーの国際私法の方法は当初から契約には妥当しないとされ当事者自治が残されたが、インターネット時代においては当事者自治はその適用領域を拡大して行くことになるということである。他方、国際金融取引をめぐる紛争の解決手段としての仲裁について研究を行った。特に、インターネットを介したWIPOのドメイン・ネーム仲裁の特徴、さらには、日本の新仲裁法のもとでの国際商事仲裁について、その課題と問題点を検討した。その主な結論は、取引の入口で契約を締結していることがドメイン・ネーム仲裁の基礎であり、同様に契約をベースとする金融取引においてもその手法は採用可能であること、新仲裁法は仲裁地を基軸とし、かつ、内外の仲裁判断を同じ基準で国家法秩序に取り込み点で分かりやすく妥当なものであり、国際金融紛争解決の方法の一つとして仲裁を用いる際の安定したインフラと評価できるということである

This research was originally, based on the basic theme "Globalization and Law" as the group leader's main interest since 10 years, focusing on cultural diversity, especially, on one hand, traditional knowledge and its protection through intellectual property, on the other hand international litigation as a tool. Inevitably private international law and international civil procedure should be objectives of analysis. For this analysis, the group decided to apply the methodology developed by Law and Economic theories. We found various interesting issues to be analyzed. Especially urgent is the analysis of economic analysis of private international law, since we found out that this topic is very underdeveloped and already published research results are concentrated on US-conflict of laws. Many of these are not applicable to Japanese private international law, which has completely different root and structure. We therefore decided to concentrate our efforts on this issue to shape up the instrument of analysis. Together with Max-Planck Institute for Foreign and International Private Law, we conduced a joint research and published a monography as the first publication in the world on the continental private international law and its economic analysis