Matthias Schumann

Heike Holbig

Cornelia Storz

Moritz Bälz

Iwo Amelung

This book investigates public claims for the protection of weak groups and interests in Japan and China from the nineteenth century to the present day. Taking an interdisciplinary approach, it engages with ongoing global debates relevant to both Western and non-Western societies whilst also providing an historically informed analysis of contemporary issues. Using case studies on disaster victims, employee well-being, cultural heritage and animal welfare, this book analytically distinguishes between framing, mobilisation and institutionalisation processes. It examines these processes at the intersections of international and domestic spheres and, in doing so, demonstrates how drives for protection are formulated, contested and played out in practice. Ultimately however, this book argues that claims for protection do not necessarily translate into effective measures, but may in fact entail ambiguous or negative outcomes for the protected ‘weak’. Protecting the Weak in East Asia makes a significant contribution to the empirical and theoretical research into the transformation of East Asian societies. As such, it will appeal to students and scholars of Asian history, Asian culture and society and East Asian Studies more broadly.

Framing, Mobilisation and Institutionalisation

Protecting the Weak in East Asia

Christopher Heath

Compilations of cases with commentary – in Japanese Hanrei Hyakusen – often provide the most practical way to obtain a quick and reliable understanding of a specific field of law, as well as guidance on how best to proceed in specific situations. In this respect, leading cases much more than statutory provisions are essential for understanding the reality of Japanese commercial law. This incomparable book compiles 72 of the most important commercially relevant Japanese court decisions in the fields of civil law, labour law, company law, financial transactions, intellectual property, antitrust, conflict of laws, and arbitration. Each decision is presented in English translation and is accompanied by a practical and explanatory commentary by an expert in the field, be it from academia or private practice. There are 50 commentators in all, brought together here to honour the 60th birthday of Harald Baum, widely regarded as one of the world’s foremost scholars on Japanese business law. The cases encompass a wide reach of causes of action in fields such as: breach of contract; tort liability; product liability; unjust enrichment; collective bargaining; shareholders’ rights; directors’ duty of care; political donations; insider trading; patent infringement; parallel imports; trade mark rights; unfair competition; publicity rights; price fixing; arbitration agreements; and recognition of foreign judgements. Whether serving as practical guidance or as a basis for academic research, this compilation will be warmly welcomed by practicing lawyers, teachers and students of Japanese and international law, and all others who need to understand the various fields of Japanese commercial law.

Cases and Comments. Intellectual Property, Civil, Commercial and International Private Law

Business Law in Japan

Moritz Bälz

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