By Luke Nottage
Constructing insights from a couple of disciplines and with a information research of laws, case legislations and educational conception, Product protection and legal responsibility legislations in Japan contributes considerably to the knowledge of up to date Japan, its shoppers and its legislation. it's also of functional use to all pros uncovered to product legal responsibility regimes evolving in Japan and different significant economies.
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Additional resources for Product Safety and Liability Law in Japan: From Minamata to Mad Cows
Generally, Omura (1998b: 5–7) argues that periods of economic confusion (1945–54) and growing awareness of consumer issues (1955–67) led to an era of ‘denunciation’ (kokuhatsu, 1968–79), spreading notably from the political to the judicial arena. Regulatory reform initiatives then forced consumer law advocates onto the defensive, over the 1980s, but deregulation over the 1990s has highlighted the challenges and opportunities for consumers in policy-making. Although Maclachlan emphasizes the role of local authorities, and the Local Government Law was certainly amended in 1969 to require them to address consumer protection issues, Article 6 of the Consumer Protection Basic Law of 1968 also urged legislative initiatives by the central government (see generally K.
Ramseyer has shown little interest about the origins of these features (cf. Foote 1995), and especially their stability or otherwise (cf. Tanase 1990), other than to speculate that any remaining inefﬁcient social norms may be crowded out by more efﬁcient legal ones (Ramseyer 1994; cf. g. Posner 2000: 169–84). But a broader implication is that if certain institutional constraints change, Japanese law may converge on Western models, driven by the same logic of rational choice. Indeed, two US authors – Kelemen and Sibbitt (2002) – have recently asserted ‘the Americanization of Japanese law’, in the wake of political fragmentation and economic deregulation over the 1990s, pointing to the PL Law as an illustration.
One obvious risk is that member states will delay in incorporating the Directive. Only a few met the 1988 deadline, and the Commission brought successful proceedings against France for the lengthiest delay. 5 When France maintained statutory claims versus suppliers, and other features such as not limiting liability to damages to other consumer goods, it was subjected to further proceedings (case C–52/00 ), and the ECJ upheld the Commission’s claim that the Directive was intended as a ‘maximal’ harmonization measure – not permitting a greater level of protection than that allowed under its speciﬁc provisions (Howells 2001).
Product Safety and Liability Law in Japan: From Minamata to Mad Cows by Luke Nottage