In the pursuit of certain political or social goals, a legal system is basically faced with two options: the exertion of influence on the behaviour of its citizens either by means of preventive or of reactive instruments. The relationship of these two regulatory instruments is a key element for the analysis and understanding of a legal system.
This volume contains contributions to a symposium of scholars from the Nagoya Law School and the Faculty of Law of the Albert-Ludwigs-Universität Freiburg on the topic »Preventive Instruments of Social Governance«. With the social governance by law and the interplay between substantive legal standards and procedural enforcement the Symposium addressed a topic of both outstanding academic and practical importance. The legal framework is an essential instrument in modern rule-of-law societies for defining standards of societal life. Of course, ways of governance by law may vary between legal systems and cultures, but in the analysis of legal governance instruments, the interplay between substantive standards and their procedural enforcement is always of central importance. In the pursuit of certain political or social goals, a legal system is basically faced with two options: the exertion of influence on the behaviour of its citizens either by means of preventive or of reactive instruments. The relationship of these two regulatory tools is a key element for the analysis and understanding of a legal system.
Table of contents:
Civil Procedure and Civil LawMiyuki Watanabe: Protection of Collective Interests in Japan - Group Litigation for Injunction -
Alexander Bruns: Injunctive Corporate Governance? -
Julia Caroline Scherpe: Interim Measures in German and English Civil Procedure - Preconditions and Standard of Proof -
Tomohiro Yoshimasa: Preventive Measures in Contract Law - Recent Debate over »Duty to Mitigate« in Japan -
Stefan Thönissen: Preventive Administration of Justice and Notarial Counselling -
Alisher Umirdinov: Dispute Preventive Measures in International Investment Arbitration
Labour Law
Sebastian Krebber: Elements of Prevention of Conflicts and Disputes in Labour and Employment Law
Intellectual Property LawMasabumi Suzuki: Injunctive Relief for Patent Infringement - A New Trend in Japan? -
Maximilian Haedicke: Prevention of copyright infringements in conflicts over new technologies by introducing technology-specific rules? The example of the allocation of rights in Internet-Protocol-Television (IPTV) and Online-Videorecorders (OVR) in the era of convergence of transmission paths -
Roman Würtenberger: Prevention by Procedure - Law of Evidence as a Means to Avoid Patent-Related Legal Actions
Private International LawJan von Hein: Punitive Damages in European and Domestic Private International Law -
Dai Yokomizo: Regulation of Cross-Border Financial Transactions by Conflict of Laws -
Shiho Kato: Recent Developments in Rules on Choice of Court Agreements in Japan - New Codification and Remaining Problems
