Japanese Business Law in Western Languages: An Annotated Selective Bibliography (2nd ed, Hein)

[This is the Preface and Table of Contents manuscript for the 2nd edition, published in 2013 by Hein.]
The literature in Western languages on Japanese law, especially in English and German, continues to proliferate – despite, or perhaps because of, Japan’s economic slowdown after its own “asset bubble” burst in 1990. Law reform has been particularly intense and widespread in business law, necessitating this second edition updating for important works published over the last 15 years.
In 1998 Harald Baum and Luke Nottage published the first edition of their Annotated Selective Bibliography of Japanese Business Law in Western Languages, building on a chapter in Baum’s compendium on Japanese business law published in German in 1994. A new version of the latter published in 2011 included a chapter by Baum, Nottage and Markus Thier listing subsequent works on Japanese business law. That chapter provided the core for the updated references in the second edition of the Annotated Selective Bibliography, co-authored also by Joel Rheuben, but this adds many more references. We also regrouped various chapters and introduced new chapters for fields of law such as Legal Education, Environmental Law, Communications and Information Technology, Employee and University Inventions, Consumer Protection, Product Liability, and Medical Law.
The present edition of the Annotated Selective Bibliography further comprehensively updates the annotated introduction to general works related to Japanese law and the economy, including a completely rewritten guide to finding Japanese business law materials via the internet (for a much briefer version in 2009, see here). Below we set out the rest of the Preface & Acknowledgements, along with the Table of Contents. This second edition went to press in August 2012 and will be published by Hein in early 2013. There are also plans for an e-book version that links to journal articles for subscribers to the HeinOnline database.


For this second edition, many colleagues have assisted in the painstaking task of scouring libraries, databases and the internet for the most important recent works on Japanese law, or to edit citations into a somewhat more user-friendly format for this second edition. For research and editorial assistance, we particularly thank: Alexandra Boxall, Henri Döring, Michael Eggers, Julius Henneberg, Diana Hu, Junko Katsuda, Tom Shaw, Melanie Trezise, and Julius Weitzdörfer.
We also acknowledge assistance from Dr Giorgio Colombo and Dr Andrea Ortolani regarding major Italian-language works on Japanese Law, and Professors Béatrice Jazulot and Dimitri Vanoverbeke regarding some publications in French. We are also grateful to Ms Keiko Takayama at the Kyoto Comparative Law Centre, and to various well-known authors on Japanese law who provided their CVs or lists of recent and forthcoming publications, so this second edition could be as up-to-date as possible.
For their patience and support in bringing this project to fruition, we also thank Sheila Jarrett from Hein (who also assisted mightily in the first edition) and the authors’ respective close family members: Karen, Lotta and Linus; Hisae, Moana, Erica, Miah and Liam; Chikako and Luka Taro; Saori and Mia.
In addition, we dedicate this work to the late Professor Zentaro Kitagawa (who passed away on 25 January 2013) and Professor John O. Haley, for their own unstinting efforts to bring together the worlds of “Japanese law” (English-language scholarship on the law in Japan), “japanisches Recht” (German-language scholarship) and “nihon-ho” (Japanese-language scholarship).
Harald Baum (Hamburg), Luke Nottage (Sydney), Joel Rheuben (Tokyo) & Markus Thier (Frankfurt)
August 2012
TABLE OF CONTENTS:

Part I. Introduction

A. The Wealth of Western-language Literature on Japanese Law
B. Selective Guide in Two Major Parts – for Researchers, Practicing Lawyers, and Librarians
Part II. General Resources: An Annotated Guide
A. Printed Publications

1. Bibliographies
2. Periodicals and Series
3. Translations of Statutes and Regulations
4. Translations of Cases
5. Glossaries and Dictionaries
6. Introductory or General Works on Japanese Law (1963-2012)
a) Introductions to Japanese Law
b) General Works on Japanese Law
c) Analyses of Law and Legal Thought in Japan
d) Conference Volumes Dealing Exclusively with Japanese Law Topics
e) Collections of Japanese Legislative and Case Law Materials
f) Comparative Law Conference Volumes
7. Works on Japanese Business Law
B. Japanese Law-related Online Resources in Western Languages
1. Link Indexes
2. Legislation
3. Case Law
4. Scholarly Works
5. Professional Works
6. News, Blogs and Social Media
7. Legal Dictionaries and Citation Guides
Part III. Individual Works: Selective Bibliography 1970–2012
I. Legal Philosophy, Conceptions of Law, Legal History
1. Legal Philosophy, Conceptions of Law
2. Legal History
II. Courts and the Legal Profession
1. Courts, Administration of Justice
2. The Legal Profession
3. Legal Education
III. International Law and Public Law
1. International Law, Foreign Policy
2. Constitutional Law
3. Governance and the Civil Service
4. General Administrative Law, gyosei shido
5. Environmental Law
6. Citizenship and Immigration Law
7. Local Governance, Other Administrative Law
IV. Conflict of Laws, Comparative and Uniform Law
1. Conflict of Laws (Private International Law)
2. Comparative Law, Uniform Law
V. Civil Law
1. General
2. Property Law
3. Secured Transactions
4. Contracts, Negotiations
5. Torts
6. Consumer Protection
7. Product Liability
8. Medical
VI. Civil Procedure, ADR, Arbitration, Insolvency
1. Civil Procedure
2. Temporary Relief
3. Execution
4. Mediation, Conciliation, ADR (Alternative Dispute Resolution)
5. Arbitration
6. Insolvency
7. International Civil Procedure
VII. Trade and Investment Law and the Economy
1. General (Economy and Business), Economic Policy
2. The Firm
3. International Trade Agreements and Disputes
4. Foreign Trade and Investment Law
VIII. Company Law and Corporate Governance
1. General
2. Financial Reporting, Law of Corporate Groups
3. Corporate Entities in General
4. Joint Ventures
5. Mergers & Acquisitions, Takeovers Law
6. Corporate Governance
IX. Commercial, Transport, Insurance
1. General
2. Other Commercial Law, Transport
3. Insurance
X. Labor Law
1. General, Historical Development
2. Collective Labor Law
3. Individual Labor Law
XI. Social Security Law
XII. Financial Markets Law
1. General
2. Banking, Money Markets
3. Capital Markets
XIII. Intellectual Property Rights
1. General
2. Patents, Licences
3. Other Industrial Property Rights
4. Copyright Law
5. Employee and University Inventions
XIV. Competition
1. Unfair Competition, Trade Secrets
2. Anti-Monopoly Law
XV. Tax Law
XVI. Criminal Law, Criminal Procedure
1. Criminal Law
2. Criminal Procedure
XVII. Communications and Information Technology Law

Author: Luke Nottage

Prof Luke Nottage (BCA, LLB, PhD VUW, LLM LLD Kyoto) is founding co-director of the Australian Network for Japanese Law (ANJeL), Associate Director (Japan) of the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS), and Professor of Comparative and Transnational Business Law at Sydney Law School. He specialises in international dispute resolution, foreign investment law, contract and consumer (product safety) law.