Self-regulation in Private Law in Japan and Germany
Zusammenfassung
The year 2016 marked the 20th anniversary of the founding of the Journal of Japanese Law. The Journal is jointly published by the Max Planck Institute for Comparative and International Private Law (MPI) and the German-Japanese Association of Jurists (DJJV) and aims to serve the needs of legal practitioners and scholars interested in Japanese law. Its goal is to make all areas of the Japanese legal system accessible in a comprehensive and methodologically structured manner. At present the Journal is the world’s only western language publication which offers a regular and timely documentation and analysis of the myriad lines of development in Japanese law.
From November 4–5 November 2016, the MPI in cooperation with the DJJV, organized the conference “Self-regulation in Private Law in Japan and Germany” to celebrate the Journal’s anniversary at its premises. The contributions to that conference are presented here in an updated and edited version. Self-regulation in private law, in Japan often called soft law, is of growing relevance for the modern societies in both Japan and Germany. Some forms of self-regulation have stood the test of time, such as commer-cial customs or general contract terms. But there are also new types in the form of what is called “state induced” or “regulated” self-regulation. These are increasingly emerging as governments delegate some of their traditional tasks to private institutions.
In this volume, leading private and commercial law scholars from Japan and Germany present an up-to-date and comprehensive analysis of the highly complex and diversified phenomenon of self-regulation from a theoretical as well as a practical perspective. The book is the first comparative study of Japanese and German law in this surprisingly under-researched area of regulation.
[Excerpt from the Foreword]
Kapitel
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Preface by the editors
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Terminology, Development, and Institutional Framework of Self-regulation in Japan
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Terminology, Development, and Institutional Framework of Self-regulation in Germany
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Genuine Self-regulation in Japanese Capital Markets: The Stewardship CodeIn Comparison to the Corporate Governance Code
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Genuine Self-regulation in GermanyDrawing the Line
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Self-regulation Induced by the State in Japan
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Self-Regulation Induced by the State in Germany
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Self-regulations and Constitutional Law in Japan as Seen from the Perspective of Legal Pluralism
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Self-commitments and the Binding Force of Self-regulation with Respect to Third Parties in Germany
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Legitimacy and Limits of Self-regulation in Japan
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Legitimacy and Limits of Self-regulation in Germany
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Lex Mercatoria and Self-Regulation in Transnational Perspective
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The Hague Principles on Choice of LawTheir Addressees and Impact
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Self-Regulation in Private Law in Japan and GermanyA Comparative Perspective
