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Dissertations / Theses on the topic 'Law – Japan'

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Published: 4 June 2021

Last updated: 30 July 2024

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1

Shu, Robert. "Japan's strategic future : coalition operations /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Mar%5FShu.pdf.

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2

Braslow, Norman Taylor. "Legal transplants and change : unjust enrichment law in Japan /." Thesis, Connect to this title online; UW restricted, 1997. http://hdl.handle.net/1773/9622.

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3

Minato, Junichi. "Growth history of quartz crystals twinned after Japan law." 京都大学 (Kyoto University), 2002. http://hdl.handle.net/2433/150001.

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4

Sakamoto, Saeko. "Legal framework for Japan to facilitate private space activities." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101827.

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This thesis explores a viable domestic legal framework for Japanese private space activities. Ideally, Japanese space legislation would govern private entities in a way that promotes commercialization while also fulfilling international obligations, doing both with an especial focus on commercial launch activities. First, I analyze current Japanese space law and space policies and continue by identifying Japan's problems in this arena. Next, I present research regarding other countries' space legislation solutions and examine how other nations' regulations do or do not solve problems similar to Japan's. Then, I assess the applicability of the foreign countries' approaches to Japan's situation. Finally, I propose ideas for a new legal structure for space activities in Japan and discuss possible implementation. I do so within the context of existing space policy problems that Japan must first tackle in order to successfully develop and enforce such new laws in the future.

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5

Terada, Takashi. "External US pressure on Japan's policy reform in the case of large-scale retail store law." Thesis, Canberra, ACT : The Australian National University, 1993. http://hdl.handle.net/1885/123186.

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The Structural Impediments Initiative (SII) talks held from September 1989 to July 1990 represented the first attempt by Japan and the United States to harmonise their domestic problems in international trade negotiations. These bilateral talks were also the first of their kind to delve into a comprehensive review of domestic laws and intrinsic business practices. In this sense, the SII talks may be seen as a preamble to mutual arrangements by domestic economies of their respective institutions and practices. This is likely to feature more prominently in the field of international relations, as seen recently in the European Community (EC) and the North American Free Trade Agreement (NAFTA). In this context, as the United States and Japan are the two largest and most technologically advanced economies in the world, accounting for more than 40 per cent of the world total gross national product, it is significant that they started harmonising their domestic rules through the SII talks, which are examined in this thesis.

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6

Hill, Peter B. E. "Botaiho : Japanese organised crime under the Boryokudan countermeasures law." Thesis, University of Stirling, 2000. http://hdl.handle.net/1893/1773.

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This thesis is an investigation into the effects of the 1992 böryokudan countermeasures law (böryokudan taisaku ha or, more simply, bötaihö) on Japan's organised crime syndicates (böryokudan or yakuza). Underlying this examination is a functionalist perspective of organised crime which rests on the premise that, far from being unambiguously socially dysfunctional, organised crime groups exist because they satisfy needs held by various sections of society (both in the upper and underworlds). This approach demystifies many of the supposedly unique aspects of the böryokudan/yakuza (such as yakuza-authority symbiosis) and places Japan within the compass of modem organised-crime studies. An empirical overview of the böryokudan's development from 1945 to 1992 shows that the prime dynamic behind this evolution has been the legal and law-enforcement environment within which these groups exist and that frequently the impact of these changes has been socially undesirable. Attempts to examine whether or not the bötaihö has similarly exacerbated organised criminality in Japan are hampered by the collapse of Japan's bubble economy in 1990. This event had profound consequences for boryokudan groups rendering many activities unviable, whilst simultaneously creating new opportunities. Despite these extraneous considerations, the bötaihö has had an observable impact on many aspects of the böryokudan's activities and some of these consequences have been socially undesirable. The legal analysis of the bötaihö is placed in the wider context of international organised-crime control measures, in particular America's RICO statutes and European laws, both of which were highly influential in the debate within Japan concerning the framing of new anti-böryokudan laws. The thesis concludes by arguing that the radically different structure of the bötaihö, vis-ä-vis these alternative models, is part of a wider reversion to pre-war legal and policing norms in which, in addition to enforcement of the criminal law, the police also exercise considerable administrative powers.

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7

Wachi, Taeko. "Police interrogations and confessions in Japan." Thesis, University of Cambridge, 2014. https://www.repository.cam.ac.uk/handle/1810/283948.

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8

Proverbio, Martina <1993&gt. "The Whaling Issue in International Law: the contentious case of Japan." Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/12565.

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Whaling represents one of the most controversial contemporary issues in international ocean governance and the conservation of marine living resources. This thesis examines the whaling issue within the legal context of international law and analyzes the treaties and conventions created for the protection of whales. The first chapter provides a brief history of whaling and describes its early attempts of regulation through the establishment of the ICRW. The following chapter is focused on the role of the IWC in developing meaningful protective measures for whales, with particular reference to the moratorium on commercial whaling (1982) and the ongoing debate between pro-whaling and anti-whaling countries. The third chapter analyzes the Whaling in the Antarctic case (2014) where Australia instituted proceedings against Japan denouncing JARPA II scientific-research program before the ICJ. The analysis of the case will mainly focus on the significance and implications of the ICJ judgment. Since Japan persists as the most prominent whaling country in the world, the dissertation will follow with the analysis of the pro-whaling policies of the Japanese Government and the country's position in the current international discourse of the "whaling problem". The paper offers a deeper focus on the traditional "whale-eating culture" of Japan and the anti-whaling campaigns born to oppose the continuation of this practice. Eventually, the final chapter discusses about the future of whaling offering different possible scenarios for the conservation of whales and reflecting over the emergence of whale protection as a moral and juridical concept that could influence its possible evolution into a norm of customary law.

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9

Yaguchi, Yujin. "The Ainu in United States-Japan relations." W&M ScholarWorks, 1999. https://scholarworks.wm.edu/etd/1539720321.

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This study reevaluates the significance of the Ainu in U.S.-Japan relations. Specifically, the study emphasizes a trilateral configuration of relations among the Japanese, Americans, and the Ainu in Hokkaido, the northern island of Japan, in the period since the middle of the nineteenth century. By analyzing a wide range of documentary, visual, and material sources available in the United States and Japan, the study discusses specific connections that existed between the Ainu, Americans, and the Japanese in the nineteenth and twentieth centuries. Some were direct encounters. Other forms of relationship involved indirect connections. These encounters affected the social and historical consciousness of the Japanese and Americans in the past and which continue to do so today.;By reclaiming the presence of the Ainu in the vision of the past, this dissertation enlarges the terrain of the intercultural history of the United States and Japan. It recognizes the Ainu as a significant third party in third history of U.S.-Japan relations and questions the conventional historical framework used in the understanding of the U.S.-Japan relationship, a framework which has marginalized and even excluded the Ainu. By inserting the Ainu into our constructions of past and present human relationships in Hokkaido, the dissertation complicate and problematizes the very framework of the conventional understanding of the relationship between the two nations by pointing to the integral role the Ainu have continuously played on the various stages of cultural interaction in the northern island of Japan.

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10

Onishi, Hiroko. "Well-known trade mark protection : confusion in EU and Japan." Thesis, University of Southampton, 2009. https://eprints.soton.ac.uk/210843/.

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In this thesis concerning the protection of well-known trade marks against confusion in the European Community Trade Mark (CTM) and Japanese trademark systems, the author critically considers the difficulties in comprehensively defining ‘well-known trade mark’ in the relevant international trade mark instruments. After critical analysis of various definitions of both ‘trade mark’ and ‘well-known trade mark’, she undertakes a comparison of the definitions of the parallel concepts of ‘trade mark of repute’ and ‘syuchi-syohyo’, and also undertakes an assessment as to the extent to which these trade marks are protected against confusion and kondo in the CTM and Japanese systems, respectively. It is concluded that the protection of well- known trade marks against confusion in the CTM and Japan cannot be said to be completely clear, and the author identifies some areas for legal reform

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11

Yoshida, Ikko. "Comparative study of international commercial arbitration in England, Japan and Russia." Thesis, University of Edinburgh, 2000. http://hdl.handle.net/1842/15757.

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This thesis examines the law on international commercial arbitration in England, Japan and Russia with a view to identify those areas for which harmonisation is of the greatest practical importance. This study is a timely one, since the Arbitration Act 1996 came into effect on 1st January 1997 in England. In Japan, the Committee of Arbitration formed by Japanese experts on arbitration prepared the Draft Text of the Law of Arbitration in 1989, and preparation for amendment based on the UNCITRAL Model Law is under way. In Russia, the Law on International Commercial Arbitration was established based on the UNCITRAL Model Law on 7th July 1993. A comparative study is made of the rules of international private law relating to arbitration, especially issues on international jurisdiction. Despite of recent development of unification of law on arbitration such as the 1958 New York Convention and the UNCITRAL Model Law, there are few rules in this area. This study goes some way towards filling this gap in the legal framework. The classification of an arbitration agreement and its influences upon international private law and law on arbitration are also considered. The issue of classification has been argued by many commentators usually to attempt to clarify the general characteristics of arbitration. However, it is the classification of an arbitration agreement that has practical significance. The classification of an arbitration agreement affects, directly or indirectly, not only the international private law but also law on arbitration. Its effects extend to the law applicable to an arbitration agreement, the law applicable to the capacity of a person to enter into an arbitration agreement, the principle of separability of an arbitration agreement, assignment of an arbitration agreement, the principle of Kompetentz-Kompetentz, and the stay of court proceedings on the basis of the existence of an arbitration agreement. Finally, this comparative study is used as a basis to put forward models for harmonisation in the interpretation of law on arbitration.

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12

Mortimer, Shari Ann. "A Comparative Study of Environmental Policy: The United States and Japan." W&M ScholarWorks, 1994. https://scholarworks.wm.edu/etd/1539625905.

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13

Cho, Pyŏng-sŏn. "Umweltstrafrecht in Korea und Japan : eine rechtsvergleichende Untersuchung der normativen und dogmatischen Grundlagen und der Praxis /." Freiburg im Breisgau, 1993. http://www.gbv.de/dms/spk/sbb/recht/toc/275967638.pdf.

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14

Maeda, Kanu. "THE DETERRENT EFFECTS OF THE REVISED JUVENILE OFFENDER LAWS IN JAPAN." OpenSIUC, 2016. https://opensiuc.lib.siu.edu/theses/2035.

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The main purpose of the current study is to evaluate the deterrent effects of the two juvenile law revisions in Japan. The time series data of delinquency rates in Japan (1965-2014) are investigated through auto-regressive integrated moving average (ARIMA) modeling. Results demonstrates that there are insignificant deterrent effects of the revisions on the whole juvenile delinquencies, repeat offenses, or murder cases, after controlling for serial dependency and other factors. In terms of practical implications, these results suggest that the public and politicians should acknowledge that harsher policies are less likely to deter juvenile delinquency. While the current macro-level analysis is informative in that it provides a big picture of delinquency in a society, further research efforts are needed to explain why the law revisions failed to deter juvenile delinquency.

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15

Smith, Roger. "Japan's international fisheries policy : the pursuit of food security." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670139.

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16

Lee, Seokwoo. "International law and the resolution of territorial disputes over islands in East Asia." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365507.

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17

Sato, Atsuko. "Beyond boundaries Japan, knowledge, and transnational networks in global atmospheric politics /." Thesis, University of Hawaii at Manoa, 2002. http://catalog.hathitrust.org/api/volumes/oclc/53965208.html.

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18

Small, Richard Geoffrey. "Path dependence and the law : a law and economics analysis of the development of the insider trading laws of the United States, United Kingdom and Japan." Thesis, SOAS, University of London, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.271025.

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19

Kleyn, Martha Magdalena. "Intellectual property strategy : a comparative business perspective considering China, Japan, USA and certain European jurisdictions." Doctoral thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/11514.

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Includes abstract.
Includes bibliographical references.
This study is limited to technology based companies and transactions, but it provides a basic overview of the changes in intellectual property laws in jurisdictions relevant to the topic of this thesis, and in particularly addresses the impact on Chinese and Japanese laws due to TRIPS and WTO.

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20

Takizawa, Ayumi. "Workers' compensation facing current issues : comparative analysis between Japan and Canada." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82671.

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Karoshi, or death from overwork, is a tragic modern work event. Continuous occurrence of karoshi in Japan offers an opportunity to reconsider the contemporary working environment, and especially the workers' compensation system. Strongly bound by the traditional notion of work accident, the Japanese workers' compensation system has shown difficulty handling karoshi cases. This fact calls into question the adequacy of the current workers' compensation scheme in the work environment it is meant to oversee. To analyze the issue, this thesis will use a comparative law method. The basis of comparison will be Ontario, Canada, which shares a system similar to Japan's, but does not produce karoshi cases. Particular emphasis will be put on stress claims and claims from women, since both share some similarities with karoshi claims. The findings from this comparison will offer a valuable basis for discussion of the current and the future of workers' compensation and other protection systems in Japan.

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21

So, Shiu Sing David. "Compare the alternative dispute resolution (ADR) used in Hong Kong and Japan construction industry." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843181a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2006.
"Master of Arts in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.

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22

Kobayashi, Yoshie 1955. "A path toward gender equality : state feminism in Japan." Thesis, University of Hawaii at Manoa, 2002. http://hdl.handle.net/10125/3026.

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This dissertation is the first study of state feminism in a non-western nation state, focusing on the activities and roles of the Women's Bureau of the Ministry of Labor in post-World War II Japan. While state feminism theory possesses a strong capability to examine state-society relationships in terms of feminist policymaking, it tends to neglect a state's activity in improving women's status and rights in non-western nations where the feminist movements are apathetic or antagonistic to the state and where the state also creates a vertical relationship with feminist groups. To apply the state feminism theory to examine activities of a state institute for women in non-Western nations, I created new analytical factors, domestic and international master frames, which show how policymakers and activists collaborate on policymaking at a domestic level and how policymakers utilize international standards to create the domestic master frame. Using the two-level-analysis of domestic and international politics in terms of creation of master frames together with the existing institutional and mobilizing structural variables, this dissertation presents a detailed study of the activities and roles of the Japanese women's bureau as an initiator and facilitator of gender equality in the process of agenda setting for the equal opportunity laws by utilizing international influence to persuade the opposition and as an interest mediator in the process of decision-making for them. The empirical evidence presented also demonstrates that the change of roles arose from the lack of the following factors: 1) limited resources and institutional capability caused by the marginalization of the women's bureau within the government, 2) the lack of a domestic master frame on the issue of gender equality between the women's bureau and women activists, and 3) the lack of mobilizing structures that provide women's groups the access to political decision-making to reflect their opinions. The combination of these factors hindered policymaking on gender equality and created a gradual and incremental progress toward gender equality in Japan. The way to gender equality in Japan is different from the western nations. Yet, this is a way that other non-western nations have also advanced and will follow in.
Thesis (Ph. D.)--University of Hawaii at Manoa, 2002.
Includes bibliographical references (leaves 253-274).
Mode of access: World Wide Web.
Also available by subscription via World Wide Web
xiii, 274 leaves, bound 29 cm

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23

Nygren, Rebecka. "Förbud mot könsdiskriminering på den japanska arbetsmarknaden, i ljuset av kvinnokonventionen." Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-337382.

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24

Iijima, Mitsuru. "Die Entwicklung des strafrechtlichen Unrechtsbegriffs in Japan : eine kritische Betrachtung aus strafrechtsdogmatischer und rechtsphilosophischer Perspektive /." Frankfurt am Main [u.a.] : Lang, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/385621922.pdf.

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25

Okajima, Shigeharu. "Essays on the effect of environmental policies in Japan." The Ohio State University, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=osu1337263028.

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26

若林, 翼., and Tsubasa WAKABAYASHI. "Law for Gendered Workers in Japan : Revisiting Feminist Critiques of the Public/Private Dichotomy." 名古屋大学大学院法学研究科, 2013. http://hdl.handle.net/2237/18574.

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27

Masuyama, Mei. "Policy Alternatives to Employment Overwork in Japan." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2232.

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Japanese workers are facing a threat of literal death from working too hard. In 1978, karōshi, defined as death or severe disability from overwork, was added to the Japanese dictionary. Japan is recognized as having one of the worst working conditions in the developed world with awfully long working hours. This thesis deconstructs the underlying psychological, cultural and economic reasons that contribute to the long working hours in Japanese companies. Then, this thesis examines the previous and current efforts by the Japanese, South Korean and German governments to reduce working hours in their countries to prevent the fatal consequences of overwork. It concludes by recommending the Japanese government to continue the research on overtime and death, raise awareness through education and outreach, enforce strict labor laws, and to adopt a method of flexible working hours.

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28

Pattinson, Brett. "An examination of the factors constraining Japan's capability for contributing to the international order in the post-cold-war era." Thesis, Canberra, ACT : The Australian National University, 1995. http://hdl.handle.net/1885/112064.

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The cold war which dominated the foreign policies of most of the world's industrialised nations has ended. Japan, as an economic superpower, one of the three economic poles of the post-cold-war world, with a huge interest in its stability and prosperity, has a foreign policy approach inappropriate to a country of such regional and global prominence. In the first major foreign policy crisis of the new world order, the Gulf Crisis of 1990- 1991, Japan was immobilised by deficiencies in its political system, a lack of appreciation among its leaders and populace of where its national interests lay, and the peculiar constraints of its“national Constitution. This sub-thesis explores the way in which Japan's capability to contribute to the new world order is constrained by its political structure, national strategy, constitutional limits, and regional conditions. Chapter One examines the way in which Japan's political structure constrains the country's capability for contributing to the new world order by producing a diffusion of power, a diffusion of responsibility for policy development and implementation, and an absence of competition for power on the basis of policy difference. Chapter Two examines the way in which Japan is hindered from contributing to international order by its pursuit of short term economic goals at the expense of bringing to its dealings with the external world a well-defined sense of national interest. Chapter Three examines the limitations that the Peace Constitution places on Japan by excluding a security role from its international contributions. Chapter Four examines the factors constraining Japan from greater involvement in the increasingly interdependent Asia-Pacific region.

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29

Hori, Sayaka. "Exploring the Legal Framework of Local Groundwater Governance in Japan." 京都大学 (Kyoto University), 2017. http://hdl.handle.net/2433/225762.

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30

Watthanachai, Thitiporn. "Technology transfer for reducing Co2 : a criitical review of intellectual property laws and trade laws in Thailand and Japan." Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-96176.

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31

Schütt, Corina. "Patents for biotechnological inventions current legal situation and case law in Europe, the US and Japan /." Zürich : ETH, Eidgenössische Technische Hochschule Zürich, [Professur für Rechtswissenschaft], 2004. http://e-collection.ethbib.ethz.ch/show?type=dipl&nr=204.

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32

Nelson, David Gordon. "Law and order in the making of early modern Japan seventeenth-century Kanazawa castle town administration /." [Bloomington, Ind.] : Indiana University, 2007. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3278457.

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Thesis (Ph.D.)--Indiana University, Dept. of History, 2007.
Source: Dissertation Abstracts International, Volume: 68-10, Section: A, page: 4432. Adviser: Richard Rubinger. Title from dissertation home page (viewed May 19, 2008).

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33

Soga, Kazumasa. "The legal protection of trade secrets in Japan : a comparative study of English and German law." Thesis, SOAS, University of London, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395501.

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34

Fuwongcharoen, Puli. "Constitutions and legitimisation : the cases of Siam's permanent constitution and Japan's postwar constitution." Thesis, University of Cambridge, 2013. https://www.repository.cam.ac.uk/handle/1810/283934.

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35

Sato-Nilsson, Maja. "Japan and the Convention on the Elimination of All Forms of Discrimination against Women: Implementation and Enforcement pertaining to Sex Discrimination in the Labour Market." Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-175429.

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The present study examines the status of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in Japan, with due regard to the status of treaties in general as sources of rights and obligations in the country. Further, the study aims to ascertain whether the said Convention has been properly implemented and enforced, and to demonstrate obstacles causing deficiencies and shortcomings in regards to combating discrimination against women in the labour market. In theory, treaties enjoy a high status in Japan, however, human rights treaties are rarely directly applied by the courts. Although certain legislative reforms have been undertaken to bring domestic law into harmony with the CEDAW, the Convention has had a limited impact. The domestic legislation fails to prohibit all forms of discrimination against women and the prohibitions, as well as the statistical targets for female representation, lack the backing of an effective enforcement mechanism. Additionally, the Japanese judiciary has been reluctant to accept arguments based on the CEDAW and, so far, no litigants have prevailed explicitly on the grounds of the Convention. The vague wording of the CEDAW makes the provisions easy to circumvent, which stresses the importance of bridging discrepancies between the treaty rules and domestic law. Finally, the Government of Japan needs a more comprehensive approach in addressing the issue of sex discrimination in the labour market, which includes working proactively to modify discriminatory practices and stereotypes.

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36

Sato, Yasunobu. "Commercial dispute processing : the Japanese experience and future." Thesis, University of London, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313405.

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37

Tomita, Kiyomi. "Informed consent and the right to refuse medical treatment : a comparative study of common-law Canada and Japan." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61156.

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Common law in Canada recognizes the rights to self-determination and autonomy and the right of competent persons to decide for themselves on medical treatment which includes the right to refuse all treatment. The legal profession has caused Japanese law to begin to recognize these basic rights, however professional and societal factors combine to accord the Japanese physician a wide discretion to determine what information to disclose, especially in the case of cancer. This thesis examines the similarities and differences existing between Canada and Japan in the controversial area of informed consent and the patient's right to refuse treatment and as well as the current attitudes within the legal and medical professions in Japan toward recognition and enforcement of these rights.

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Komiya, Fumito. "A comparative study of the law of dismissal in Japan, Great Britain and the United States from the perspective of employment protection." Thesis, London School of Economics and Political Science (University of London), 1997. http://etheses.lse.ac.uk/2237/.

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This thesis analyses the present state of the law of dismissal in Japan, Great Britain and the USA, with a view to evaluating the adequacy of regulation, accessibility of procedure and effectiveness of remedy in each of these systems from the perspective of employment protection. Possible improvements of these systems are considered, having regard to the policies underlying them. In the first chapter, the development of the law of dismissal in each country is briefly reviewed. The second chapter considers the extent to which the protection of the law of dismissal covers different forms of the termination of employment in each country. The third, fourth, and fifth chapters examine the general law of dismissal in these countries and identify what kind of regulation, procedures and remedies apply to dismissals in each case. The sixth chapter examines the legal status of provisions in collective agreements concerning dismissal in each country, and special attention is paid to how arbitration regulates dismissals in Britain and the US. The seventh chapter examines the grounds on which it is unlawful to dismiss employees, the administrative bodies which deal with discriminatory dismissal claims, and the procedures and remedies for discriminatory dismissals, in each country. Chapter eight examines the regulation, procedure and remedies applicable to dismissals for redundancy or economic reasons in each country. The ninth chapter examines the effectiveness of the legal systems of dismissal of each country from the view-point of the employee's protection, and the tenth chapter considers the policy behind the system of each country. The final chapter considers the prospects for improvement of the systems and reflects on Japanese employment law.

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39

Marinaro, Fabiana. "Reform without change : a sociological analysis of employment legislation and dispute processing in Japan." Thesis, University of Manchester, 2017. https://www.research.manchester.ac.uk/portal/en/theses/reform-without-change--a-sociological-analysis-of-employment-legislation-and-dispute-processing-in-japan(ca8c9774-731f-4ae5-ac9f-bef9303ed9da).html.

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This thesis sheds new light on the study of law in Japan by exploring legislative interventions and dispute resolution processes in the Japanese field of employment. The academic literature about the legal system of Japan has produced valuable research about various areas of Japanese law, from attempts at explaining patterns of rights assertion in the country to more recent studies about the legal reforms launched by the government of Japan starting from the 2000s. However, it has rarely considered the employment field as a fruitful subject for research. Nonetheless, in the past thirty years, employment has been one of the areas of Japanese law to experience considerable reform. Against the backdrop of the changes in the composition of the Japanese workforce and the bursting of the economic bubble of the beginning of the 1990s, the government of Japan assumed a more prominent role in the regulation of employment relations. In light of these developments, this thesis contributes to the debate on the role of law in Japan by examining this rarely investigated area of the Japanese legal system. Specifically, it focuses on the legislative interventions of the Japanese government to regulate the peripheral workforce of the labour market, namely women and part-time workers, and procedures for the resolution of employment disputes. In doing so, it demonstrates that the efforts of the legislators to enhance the creation of a more inclusive labour market have been fundamentally constrained by ideological and institutional factors, and resulted in an uneven distribution of legal resources among workers which exacerbated existing employment status divisions. This, in turn, has translated into unequal access to justice, affecting the extent to which different categories of workers can obtain redress through the legal apparatus.

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40

Ide, Yoshinori. "Liberalization of international air transport in the Japan-US market." Thesis, McGill University, 1998. http://catalog.hathitrust.org/api/volumes/oclc/47189948.html.

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41

Momii, Mari. "A comparative study of wildlife law in the UK and Japan and the differences in a cultural context." Thesis, University of Kent, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.274348.

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42

Terauchi, Hajime. "English for academic purposes in Japan : an investigation of language attitudes and language needs in a Department of Law." Thesis, University of Warwick, 1996. http://wrap.warwick.ac.uk/34707/.

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This thesis is concerned with the development of English courses in a Department of Law in Japan. It presents a case for the introduction of courses in English for Academic Purposes. It begins with a description of the setting for the present research, which consists of the historical development of legal education in Japan (chapter 1) and a study of Japanese approaches to English language teaching (chapter 2). This is followed by a survey of previous work into the language of the law and the teaching of legal English (chapters 3 and 4). Chapter 5 considers the needs of students who are required to read legal textbooks in English and reports on an investigation into the lexis of these textbooks. The analysis (using computational concordancing methods) demonstrates that the needs of undergraduates are not covered by existing wordlists or by proposed standards that would ignore the special needs of law students. A list of essential lexis is proposed, and the collocations of frequent legal terms are identified, thus providing a list of common legal phrases that could be valuable as a teaching resource. Chapter 6 reports on a questionnaire survey into the attitudes of students, law teachers and English teachers to the existing courses and to possible innovations. This reveals that many students and some teachers would welcome changes but that there are conflicting of attitudes and resistance to change by some staff members. Chapter 7 draws on the findings of the lexical research and the attitude survey to suggest the introduction of a more varied English curriculum that should be acceptable to teachers and students and that includes courses relating to the language of the law. Proposals are also made for staff development. Chapter 8 provides a short postscript with suggestions for further research.

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43

Yeh, Hsiao-Feng, and 葉小楓. "Energy Law in Japan." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/33883596169559428623.

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44

Sirman, Russell H. "The domestic & international effects of Japan's United Nations peace co-operation law a case study /." 1996. http://catalog.hathitrust.org/api/volumes/oclc/44725652.html.

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45

Yi, Chang Jia, and 張家溢. "Holding Company Regulation in Japan''''s Antimonopoly Law." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/96759511099797387479.

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碩士
淡江大學
日本研究所
88
Owing to the significant change of production style as well as management environment, many local corporations, in this case, move their production sites from Taiwan to overseas with the establishment of overseas subsidiary companies, gradually leading to the style of unproductive holding company transformed from local mother companies. In addition, Ministry of Finance has planned to guide local banks transferred to holding company since 1996. Holding company, predictably, will be the trend of the development of enterprise in our country. Before Antimonopoly Law was amended in 1997, holding company in Japan was still regulated by the old Regulation 9. While after the breakdown of bubble economy, Antimonopoly Law was amended in 1997 on account of the attempt to regain the international competitive ability along with the strong demand of business market. The original regulation of holding company was hence released and the “Act for Implementation of Financial Holding Company” accordingly came into effect in the following year. Currently, there is few research information regarding holding company in our country. In addition to the “Guideline for Public Offering of Investment Holding Company” enacted by Securities and Futures Commission, there is no substantial law regulating holding company in our country and Fair Trade Law could only regulate enterprise union in terms of “market concentration”. Nevertheless, with the act of holding company listed and OTC-listed, it is crucial to prevent local enterprise corporations from taking advantage of holding company to absorb capital as well as from excessively concentrating on business dominance and limiting the fair competition of each market, which may influence the economy, politics and society in our country. As a result, I personally hope that the exploration of holding company and the introduction of legislation experience in Japan would contribute to the regulation of holding company in our country. The thesis is divided into four chapters in addition to the First Chapter Preface and the Sixth Chapter Conclusion. The Second Chapter introduces the meaning of holding company and the analysis of the advantage and disadvantage of it. The Third Chapter broaches the establishment and several amendments of Antimonopoly Law in Japan. The Fourth Chapter gives a thorough account of the amendment of Antimonopoly Law in 1997 as well as the relation between the release of holding company and the other laws. The Fifth Chapter focuses mainly on the regulation of financial holding company in Japan. The Sixth Chapter makes an exploration on the regulation of holding company in our country.

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46

Chien, Hsiao Wei, and 簡曉瑋. "The Study On Japan''s Organ Transplant Law." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/31988169876216218018.

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碩士
淡江大學
日本研究所碩士班
94
The "Organ Transplant Law" took effect on October 16, 1997 and legalized transplanting organs from brain dead donors in Japan. Approximately 30 years after the world''s first heart transplant in South Africa, and over a decade after the establishment of United Network Organ Sharing (UNOS), "organ transplanting from brain dead donors" was finally made possible-something that had already been recognized as normal procedure in other advanced countries. It has been said that organ transplanting would not come to fruition in Japan because of the unique views of the Japanese people toward life, death, ethics and religion. Ever since the Wada heart transplant in 1968, there has been a deep-rooted sense of apprehension toward brain death and transplanting. Now, as light flickers at the end of the tunnel, it is time to reconsider the issues facing organ transplantation in Japan and to discuss the steps that need to be taken. There are a number of body parts that deteriorate through every day life or cease to function because of accidents or disease. Since long ago, various methods have existed for repair or replacement of these deteriorated or lost functions. Glasses and false teeth are common methods that use man made objects. Tissue transplants have been performed using human skin and corneas. Recently, technological advances in artificial kidneys have served to prolong the lives of renal failure patients, but they cannot completely replace renal functions. It is difficult to replace organs such as the kidney, heart or liver with mechanical devices because of their very complicated functions. As such, deterioration of these organs eventually results in death. Organ transplant is a course of treatment aimed at saving the life of a patient for whom drugs and mechanical devices have only a limited effect, and the only alternative is to replace the damaged organ with a healthy one. As the number of transplants and potential recipients increase, organ transplanting is no longer merely a health care issue. Organ transplanting is gradually becoming a social issue as well, because it involves more than the doctor-patient relationship; it requires the good will of a third party for an organ donation.

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47

Huang, Hsin-yi, and 黃心儀. "The Study on Japan''s International Peace Cooperation Law." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/85215568351953112134.

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碩士
淡江大學
日本研究所碩士班
94
In the background of Gulf War, Japan was requested by the UN and US to dispatch SDF to Iraq for executing the no.678 resolution of UN Security Council. However, due to the yoke of its constitution article 9, as well as the domestic tide of opposition from the majority of Japanese citizens and jurists, Japan had been taking an ambiguous attitude to avoid direct response. Public opinions and voices came internationally reprimanded and claimed that Japan, as a member of the UN, should have taken more constructive actions to fulfill its responsibility and obligation. Therefore, on June 15th 1991, against the domestic strong voices of adverseness, Japanese government still forcibly passed the International Peace Cooperation Law with stalling tactics. This law is aimed at legalizing the participation of Japan’s SDF troops in the UN’s peace-keeping operations, in the name of “Contribution to the World Peace”. Nevertheless, there are numerous controversial disputes about International Peace Cooperation Law. These problems can be catalogued into five, which are the unconstitutionality of Jieitai, the unconstitutionality of dispatching troops overseas, the unconstitutionality of collective self-defense right, the unconstitutionality of weapon use and evacuation, and the unconstitutionality of the non-democracy of Diet. Due to these five disputes and debates concerning its unconstitutionality, most jurists have a tendency to deny the rationality of the existence of this law. However, this kind of theory is still too constricted and narrow-minded. Nowadays, when it comes to the topics about the relation between International Law and municipal law, the main stream doctrines acknowledge the supremacy of International Law over municipal law. In other words, according to International Law, despite the fact that International Peace Cooperation Law is considered a municipal law which is against constitution, Japan, as a member state of the UN, is obligated to take the responsibility of abiding by the UN’s regulations as well as operations of resolutions. Japan, as one of the strongest and developed nations in the world, should not use the excuses of the faultiness of its municipal law to defy the International Law. Therefore, while participating in the UN’s operations, Japan should take the UN’s commands and regulations as its guiding policy. Even if this will be criticized because of its unconstitutionality, it should be considered the problem of the amendment of its constitution instead of the International Peace Cooperation Law itself.

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48

HUANG, PO-LIN, and 黃柏霖. "REGULATIONS OF COUNTERFEIT UNDER COMPETITION LAW - A COMPARATIVE STUDY OF JAPAN AND TAIWAN LAW." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/07051707635603925374.

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碩士
國立臺北大學
法學系
92
“Counterfeit” in the Fair Trade Act is inherited from Japan competition law in 1943, an old product of 70 years ago. We doubt whether the Fair Trade Act catches up with the steps of the trade market nowadays. Since the Fair Trade Act is inherited from Japan competition law, first is to observe the Japanese competition law and its development in operating practices. Second, analyze the decisions of Taiwan Fair Trade Commission(F.T.C) and rules published by F.T.C to define the concept “counterfeit” in the Fair Trade Act. Finally, compare and search the pros and cons of two countries in order to propose my personal opinions. This study is divided into six sections. Section two and three is to introduce Japan competition law. In section four is the analysis of rules and decisions of Taiwan F.T.C. to define the connotation of “counterfeit” in the Fair Trade Act. In addition, comparing Taiwan Fair Trade Act with Japan competition law in section five, then comes to the conclusion in section six. “Counterfeit” in Japan competition law is classified into three types: type 1,confusion of commonly known symbol; type 2,using the same well-known trademark; type 3,simulating the appearance of the goods. However under the Fair Trade Act cases in Taiwan, “counterfeit” in article 20 and 24 of the Fair Trade Act is not limited to the three types ,resulting in the Fair Trade Act being inappropriately expanded, and causing confusions in application of law. This study suggests that limiting “Counterfeit” in the Fair Trade Act to three types is necessary, article 20 of the Fair Trade Act regulates type 1 ,confusion of commonly known symbol ; article 24 is sufficient to achieve the regulation purpose of type 2, using the same well-known trademark, and type 3, simulating the appearance of the goods. Through the explanation of limitation, with the other laws of intellectual rights, the Fair Trade Act constructs a complete protecting system, to promote enterprise competition under financial ethics, maintain market competitive order, and protect the rights of consumers.

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49

Ryan, Trevor Owen. "Demographic transition and transformation of regulation and law in Japan." Phd thesis, 2010. http://hdl.handle.net/1885/150457.

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This dissertation argues that Japan's rapid and dramatic demographic transition is having a transformative effect on regulation and law. It argues that the myriad social and economic challenges associated with demographic transition are a catalyst for collaborative forms of governance - that is, governance that employs indirect and pluralist regulation to supervise and co-opt an otherwise autonomous non-state sector. It contends that Japan's tradition of legal pluralism, which blends formal and contextual elements, is conducive to this collaborative approach to grappling with radical demographic change. However, this tradition has also created an accountability deficit prompting an apparent 'liberal ascendancy' and strengthened commitment to the Rule of Law. In three case studies-retirement pensions, childcare, and adult guardianship - this dissertation demonstrates that the exigencies of demographic change have catalysed compromise between the liberal tradition and the proliferation of indirect, collaborative, and 'responsive' forms of regulation. As evidence, this dissertation charts the growth of 'regulatory' and 'accountability' networks, which span the public and private sectors, and the parallel development of 'hybridisation' of public and private law in Japan.

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50

"日本帝國下日本與臺灣之治安法律比較研究: 以臺灣人的法律地位為中心 = A comparative study of the security laws in Japan and colonial Taiwan under the Japanese empire : the legal status of Taiwanese as the main reference." 2015. http://library.cuhk.edu.hk/record=b6115582.

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自1840年清廷與英國簽訂《南京條約》以來，長久以來東亞地區傳統國家對於人身的掌握方式以及以朝貢冊封作為手段所建立的天下秩序便日漸被削弱且重新被編入近代西方國際法秩序之中。在此過程中，當時的東亞各國，皆曾嘗試一方面遵行近代西方的國際法秩序，一方面使用西式的法律將自身塑造為符合西方意義下的近代國家以達到可以完全在其「國」內外掌控其臣民之人身並同時受到西方列強所承認的目的。而所謂的近代西方國際法秩序，特別是在其秩序下主權國家所代表的對外擁有獨立性以及對內之臣民與領土擁有排他性權力等特質，更被明治維新之後的日本政治家與知識分子視為是國體存在的憑藉與證明，是使日本得以與歐美列強建立平等外交關係的前提之一。換句話說，日本近代法秩序中具有明顯地使日本作為一個主權國家融入近代西方國際法秩序的企圖。
然而自1890年《大日本帝國憲法》正式實施以來，日本先後在甲午戰爭以及日俄戰爭後領有臺灣與朝鮮。日本帝國在法律上所須支配的範圍不再僅限於日本列島，同時更包含了以上在帝國轄下這些地域的人身流動。在此種情況下，本研究企圖解決兩個問題，即：第一，當時什麼是「臺灣人」？而臺灣人在帝國內被日本政府以法律的方式賦予怎樣的法律地位？而這個法律地位在治安法律的適用上與帝國內的其他人群，特別是日本內地人之間又具有怎樣的差別，而其成因又是什麼？第二，當《治安維持法》作為當時日本帝國下日本與臺灣兩地域所共同擁有的治安法律時，帝國的裁判機構是如何根據帝國下各地域在地社會的情形而處理在各地域的治安法律案件的？而這些法院的判例又對於當時「臺灣人」族群意識的形成具有怎樣的影響？以及這些法律關係對於了解整個日本帝國的發展所具有的意義上有什麼幫助？
而經由本研究，筆者得出結論，認為帝國下的「臺灣人」的法律地位與其治安法律的適用是與日本帝國權力秩序之結構有著深刻的關係。而當時帝國權力秩序之結構事實上即是近代西方國際法秩序在東亞的滲透、天皇制國家的國體論述、兩地各自過往治安法律的實施背景，以及當時日本國內外的臨時事件的各個因素所形成的，並且影響了「臺灣人」作為一個族群意識的形成。
Ever since the mid-19th century, the traditional East Asian Hua Yi (華夷) system has been weakening and was re-incorporated into the modern Western world order because of the rise of the Western powers. This process not only broke the old ruling order (in East Asia connected through the Tribute system), but also made the East Asia countries greatly shaped by the new concept of the International Law, for example the equal status between all sovereign states and the sovereign states had exclusive authorities over their people and territories. In this trend, Japan, China, and other East Asian countries were to some extent, tried to not only comply with the order of the International Law, but also made themselves a sovereign state recognized by the Western powers in order to avoid their diplomatic intervention using the excuse of different concept of law.
In this pursuit, the legal system, particularly the characteristics in the constitution that a country owning a constitution was independent from external interferences and superior to domestic affairs have attracted many Japanese intellectuals and politicians in the Meiji period (1868-1912). They thought that to have a constitution was the qualification for a sovereign state, and also was a demonstration that Japan had the same rights as the Western powers. In other words, the Japanese modern legal system had the motivation that to construct Japan as a sovereign state under the umbrella of the International Law. However, after Japan’s acquisition of Taiwan, Japan was enlarged. Apart from the Japanese isles, there were newly conquered regions. In this condition, an overarching concern throughout the whole pre-war period was how to transform the Japanese modern legal system from a legal system based on the concept of constructing Japan as a sovereign state into an empire legal system so that they could not only include the colony and the colonized subjects but also accord with the International Law.
This study attempts to investigate the establishment and applicability of the Security Laws in Japanese territory and Taiwan, to learn how different legal status between Taiwanese and Japanese in different times for different purposes in terms of legal issues. This study contributes to the study of the Imperial Japanese history. The methodologies are based on textual history and historical sociological theories to analyze the legal status of the Taiwanese under the Japanese Empire.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
齊崇硯.
Parallel title from English abstract.
Thesis (M.Phil.) Chinese University of Hong Kong, 2015.
Incluwldes bibliographical references (leaves 126-131).
Abstracts also in English.
Qi Chongyan.

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