What is it about?

The article examines the challenges and implications of blockchain technology within the context of Japanese Private International Law. It addresses key issues such as the international jurisdiction of Japanese courts, the extraterritorial application of Japanese law, and the legal considerations for contracts, torts, and property law related to blockchain. The chapter explores how traditional legal concepts are applied to blockchain transactions, including those involving cryptocurrencies, smart contracts, and other digital assets. The author analyzes the difficulty in applying existing legal frameworks to the decentralized and borderless nature of blockchain technology, highlighting the unique challenges in identifying jurisdiction, determining applicable law, and enforcing regulations.

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Why is it important?

This chapter is significant as it provides a thorough legal analysis of how blockchain technology intersects with and challenges existing legal norms in Japan. It highlights the complexities in applying traditional legal principles to modern, decentralized technologies that operate beyond national borders. The discussion is crucial for legal practitioners, policymakers, and scholars to understand the implications of blockchain on private international law, particularly in addressing jurisdictional issues, the extraterritorial application of laws, and the legal status of digital assets. The insights offered are vital for adapting legal frameworks to accommodate the evolving landscape of digital transactions and blockchain technology. KEY TAKEAWAY: Exploring the intersection of blockchain technology with Japanese Private International Law, highlights challenges in jurisdiction, law application, and digital asset regulation.

Perspectives

I hope this article will help to provide a comprehensive review of cross-border legal issues related to blockchain.

Prof. Tetsuo Morishita
Sophia University

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This page is a summary of: Blockchain and Japanese Private International Law, November 2023, Brill,
DOI: 10.1163/9789004514850_028.
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