Product Safety and Liability Law in Japan: From Minamata to Mad Cows

By Luke Nottage | Go to book overview

Acknowledgements

Chapter 2 is a considerably expanded version of my chapter prompted by a 1998 Oñati workshop: 'The Still-birth and Re-birth of Product Liability in Japan', in David Nelken and Johannes Feest (eds), Adapting Legal Cultures (Oxford: Hart, 2001) 147-85. I am grateful to the Oñati International Institute for the Sociology of Law for allowing me to reproduce most of that work to include in this chapter.

Chapter 3 is a greatly updated and expanded version of my article, 'Global Harmony and Disharmony in Accident Compensation: Japan's New Product Liability Legislation Compared to the EC Directive and Part VA of the Australian Trade Practices Act', Hosei Kenkyu (Kyushu University Journal of Law and Politics), 66: F1-F40 (1999); abridged for paragraphs 85-620 to 85-740 of Luke Nottage and Masanobu Kato, 'Product Liability', in Veronica Taylor (ed.) CCH Japan Business Law Guide (North Ryde, NSW: CCH, 1999-2000). Chapter 4 mainly combines and develops material from paragraphs 85-320 through to 85-550 of the latter work with Professor Kato. This includes its Table 4.4, on PL ADR Centres, updated and slightly expanded for Appendix E of this book. Appendix A, my translation of Japan's PL Law originally published in my Hosei Kenkyu article, is reproduced from paragraph 85-100. Appendix C, listing PL Law cases filed, is a considerably updated version of Table 2 in paragraph 85-300. All this original source material from the Japan Business Law Guide, a loose-leaf subscription service on the laws governing business in Japan, is reproduced or developed with kind permission from CCH Asia Pte Limited in Singapore, the current publisher and holder of copyright for the service.

Appendix D, on all PL suits filed, contains my translations of combined and updated versions of the tables at pages 85-9 of: (i) Kinkibenren (Kinki Bengoshikai Rengokai) (ed.) 'Seihin no Anzensei o Kakuho Sum Shakai Shisutemu o Kangaeru [Considering a Social System to Ensure Product Safety]', proceedings of the 'Kinki Bar Association Conference, Second Section', Biwako Hotel, Shiga, 30 November 2001; and (ii) some further information about some of the cases listed in those tables, added from various issues of the PL Ho Nyusu or PL Ho Joho Kokai Nyusu newsletters, published since 1991 by the Shohisha no Tame no Seizobutsu Sekininho no Seitei o Motomeru Kansai Renrakukai (Kansai Liaison Committee Seeking to Enact a PL Law for Consumers). I am grateful to Mr Mikio Sekine, a lawyer in Osaka responsible for both, for allowing permission to draw on this material.

-xii-

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Product Safety and Liability Law in Japan: From Minamata to Mad Cows
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Illustrations viii
  • Preface ix
  • Acknowledgements xii
  • Abbreviations xiv
  • 1 - 'Re-Orienting' Japan and Its Law 1
  • 2 - The Still-Birth and Re-Birth of Product Liability in Japan 23
  • 3 - Comparing the Pl Law with Other 'strict Liability' Regimes in Europe, Australia and the Us 70
  • 4 - The Pl Law in Action 154
  • 5 - The Future of Pl in Japan 202
  • Appendix A 213
  • Appendix B 215
  • Appendix C 223
  • Appendix D 229
  • Appendix E 251
  • Notes 255
  • Bibliography 274
  • Index 304
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