Home Activities Activity in the Basic Theory Section Activity in the Public Regulation Section Activity in the Commercial Transactions Section Activity in the Intellectual Property Section General Activities International Symposia and Seminars Activity in the Basic Theory Section In this section, we will organize study groups encompassing researchers in fields other than law (for example, economics, business administration, sociology, psychology, and so forth) to establish a comprehensive methodology for soft law studies in addition to the research and educational activities in the public regulation section, the commercial transactions section, and the information and intellectual property section. Based on this approach, we will incorporate insights in interdisciplinary fields of study in our demonstrative analyses of models and comparative sociological studies of cases in other countries from a broader perspective. The Study Group on Theories of Soft Law "The Study Group on Theories of Soft Law" is a joint study group of jurists, economists and practitioners focusing on methodologies for analyzing soft law and empirical studies on norms. Activity in the Public Regulation Section Many regulations using soft law methods are managed in the public regulation section. More specifically, we will conduct a comprehensive examination of regulations using soft law methods employed domestically by government organizations (for example, designation criteria, guidelines, and no-action letters). In addition, there are many cases in which agreements reached among regulatory authorities in a wide range of countries (which should be essentially unbinding) have an enormous impact on corporate activities as an international problem. For example, the compilation of the OECD commentaries in the interpretation of tax treaties and coordinated efforts and information exchanges among antimonopoly authorities in many countries, primarily through the WTO and the International Competition Network (ICN) in the field of competition law. With regard to the public regulation section, we will examine various formations of soft law and analyze their individual forms and the levels of their binding power. The Study Group on Competition Law "The Study Group on Competition Law" conducts multifaceted debates on the relationship between soft law and hard law in the area of economic law, with a special focus on competition law of Japan, US and EU. Coordinated by Professor Tadashi Shiraishi, this Study Group is conducted with the participation of students of the Graduate School and external practitioners. Tax law workshop Norms in taxation have a surprisingly complex structure although rule of law dictates statutory-based taxation (Japanese Constitution Article 84). Given the significance of empirical study in this field, Professor Yoshihiro Masui coordinates graduate students to study the dynamics of norm creation in taxation. The Study Group on Social Law and Soft Law "The Study Group on Social Law and Soft Law" examines the role of hard law and soft law in labor law and social security law. This study group's co-leaders, Profs. Masahiko Iwamura (Social Security Law) and Takashi Araki (Labor Law), will coordinate study meetings on social law and soft law with scholars, practitioners and graduate students both at home and abroad. By analyzing hard and soft law's effects on social law, where various participants establish various norms, the group studies social law policy's future direction and implementation measures. Activity in the Commercial Transactions Section It is becoming increasingly difficult to manage commercial and consumer transactions by hard law amid the increasingly complex financial and capital market structure and the trend of more high-level web-based corporate deals. In response to this situation and in addition to soft law-oriented approaches to these deals for government control, many regulatory models are established by financial and capital markets and business groups so that individual companies can follow the rules, and government organizations find the process hopeful. Additionally, with respect to international rule formations as well, more and more emphasis is placed on the soft law-oriented approach of facilitating international conformity through the voluntary implementation of rules by individual contractors, instead of forming and ratifying treaties that bind countries by the hard law-oriented method. Various models of the United Nations Commission on International Trade Law (UNCITRAL) are its typical examples. In this section, we will construct a database by collecting and organizing materials to clarify the real conditions of soft law formed and provided by companies and markets. Based on the database, we will focus on why soft law is becoming more common in a wide variety of areas, whether this phenomenon is socially rational or not, and how the phenomenon is related to structures constituted of hard law. We will also conduct an interdisciplinary analysis involving economics and sociology to construct basic theories. The Study Group on Market Transactions and Soft Law "The Study Group on Market Transactions and Soft Law" researches soft law across a range of market transactions, including capital markets, commodities and international transactions, as well as new forms of commercial transactions such as electronic commerce. Further, when considering commercial transactions in regulated industries, it also becomes necessary to closely analyze the links with the field of public regulation. Centered around Professor Hideki Kanda, the Study Group consists of researchers and practitioners. The Study Group will report periodically on its activities in collecting material for the database on soft law in the area of commercial transactions, and then debate and analyze that material. Coordinated by Professors Hideki Kanda and Tomotaka Fujita this Study Group is conducted with the participation of faculty members and researchers for Global COE program. Activity in the Intellectual Property Section Soft law plays an important role in intellectual property laws regarding intangible information assets (intellectual properties) as a form of hard law. However, despite its significance, there have been few theoretical examinations of soft law probably because its relationship with the high-level field of hard law is extremely complicated. This section thoroughly examines soft law issues concerning important information assets (intellectual properties) by organizing the Study Group on Intellectual Property Law. The Study Group on Intellectual Property Law From the broader perspective of the intellectual property laws and other related laws, this study group will extensively explore the subject of intangible information assets (intellectual properties) in terms of both soft and hard law. The project, headed by Professor Tetsuya Obuchi, will tackle a wide variety of current theoretical and practical challenges through collaboration between researchers specializing in intellectual property law and experts with rich experience in the field (lawyers, judges and administrators). The project also takes a global perspective with a special emphasis on comparative approaches. In addition, the group will actively publicize its study results in The Jurist. Many graduate students in the legal and political fields will join the group, and law students will also serve as observers, in order to nurture promising young researchers and experts. General Activities Soft Law Database Construction Team By gaining a precise grasp of soft law database construction processes implemented by individual project scholastic members, project professors, project associate professors, and project researchers, we will coordinate the whole operation and discuss general policies on the database compilation. GCOE Public Lectures The GCOE Public Lectures are convened in conjunction with the Business Law Center Public Lectures. International Symposia and Seminars This Global COE project will regularly organize international symposia/seminars and invite outstanding researchers from all over the world. GCOE symposia   Date Topic Speaker  18  August 3, 2012 Roundtable Discussion on Modern Issues about M&As under Corporate and Securities Laws: A Comparative Perspective Detail Harald Baum, MPI Hamburg and others  17  July 6, 2012 EU ASIA CORPORATE GOVERNANCE DIALOGUE Detail Hans Dietmar Schweisgut, Ambassador of the European Union to Japan and others  14  December 9, 2011 Corporate Governance: EU and Japan Detail Matthias Schmidt-Gerdts, Policy Officer, EU Commission and others  13  November 21-22, 2011 The Rotterdam Rules in Asia-Pacific Region Detail Stuart Beare, Vice-President of the British Maritime Law Association and others  12  September 16, 2011 5th Annual BESETO Conference Detail WANG Jiancheng, Vice Dean, Peking University, Law School and others  11  August 4, 2011 International Dimension of Modern Competition Law and Policy Detail Jacques Buhart, Partner, McDermott Will & Emery and others  10  March 11, 2011 Cross-Border Insolvency Law: U.S. and Japan Detail The Honorable Bruce A. Markell U.S. Bankruptcy Judge, District of Nevada and others  7  June 18, 2010 M&As and the Law Detail The Honorable Justice Jack B. Jacobs,Delaware Supreme Court and others  5  August 5, 2009 M&As : Major Issues in Modern Corporate Law Detail Reinier Kraakman, Professor, Harvard Law School and others  2  December 12, 2008 Hostile Takeovers and Defenses--- Implications from Delaware Law Detail Curtis J. Milhaupt, Professor, Columbia Law School and others  1  September 19, 2008 Changing Society and the Role of Law Genlin Liang, Professor, Peking University Law School and others GCOE Soft Law Seminars   Date Topic Speaker 20 October 31, 2011 Resolving International Investment Disputes: From Soft to Hard Law? Luke Nottage, Associate Professor, Sydney Law School 19 January 28, 2011 Thoughts on the concept of uniformity of International Trade Law Pierre-Jean Bordahandy, Senior Lecturer, Southern Australia University 18 July 7, 2009 U.S. Bankruptcy: Chapter 11 Charles W. Mooney, Professor, University of Pennsylvania Law School 17 June 30, 2009 Overview: UCC Articles 8 and 9 - II Charles W. Mooney, Professor, University of Pennsylvania Law School 16  June 23, 2009 Overview: UCC Articles 8 and 9 - I Charles W. Mooney, Professor, University of Pennsylvania Law School 15  June 16, 2009 Financial Crisis: Products Charles W. Mooney, Professor, University of Pennsylvania Law School 14  June 9, 2009 Financial Crisis: Origins and Problems Charles W. Mooney, Professor, University of Pennsylvania Law School 13  May 26, 2009 EU Financial Services Law :Banking, securities market, investment funds and financial services infrastructure Dr. Philipp Paech, The European Commission 12 May 19, 2009 EU Company Law II: The enhancement of corporate governance Dr. Philipp Paech, The European Commission 11 May 12, 2009 EU Company Law I: The "European Company" and general modernisation of company law Dr. Philipp Paech, The European Commission 10  May 11, 2009 The European Court of Justice and its Critics - The Judge's Role in European Integration - Professor Juergen Basedow, Managing Director, Max Planck Institute for Comparative and International Private Law 9 April 28, 2009 The EU Single Market for Capital:Free movement of captial, harmonised financial services and alignment of company law -Introduction / Overview- Dr. Philipp Paech, The European Commission 8  April 14, 2009 Aktuelle Entwicklungen im Uebernahmerecht Peter Mulbert, Professor, University of Mainz 7  April 7, 2009 Verschaerfungen beim Jahresabschluss und der Abschlusspruefung (Post-Enron) Peter Mulbert, Professor, University of Mainz 6  March 31, 2009 Existenzvernichtungshaftung - Binnenhaftung der Gesellschafter gegenuber ihrer Gesellschaft Peter Mulbert, Professor, University of Mainz 5 March 26, 2009 Anteilsbewertung im Aktien- und Uebernahmerecht Peter Mulbert, Professor, University of Mainz 4  February 24, 2009 International Corporate Law in Germany and Japan: Recent Developments and Main Issues Eva Schwittek, Reseach Associate, Max Planck Institute 3  December 4, 2008 Insights from Product Safety Regulation for Consumer Credit Regulation: Economics, Psychology and Politics Luke Nottage, Associate Professor, Sydney Law School 2  November 26, 2008 This seminar has been canceled. Justice, Negotiation, and Durable Peace Cecilia Albin, Professor, Uppsala University 1  November 5, 2008 EU Legislation in the Field of Securities Clearing and Settlement Dr. Philipp Paech, The European Commission