The Significance of the Recent Enactment of Japan’s Sovereign Immunity Act in the New Age of Globalization

Abstract

The new age of globalization means not only an increase in transboundary activity by non-State actors but also an increase in the extraterritorial activities of State actors. This chapter examines the significance of the Japanese Sovereign Immunity Act (SIA) in the new age of globalization from the perspective of the internal pressure of non-State actors, or private actors, on the sovereignty of States in the context of sovereign immunity. As a comprehensive analysis of the Act is neither possible nor appropriate in this short chapter, the author uses Ohara v Georgia (Georgia Ports Authority) which was decided in October 2009 by the Supreme Court of Japan, as an illustration.The author also examines this case as it might be decided under the UN Convention and the Japanese SIA. After a comparison with the sovereign immunity legislation of the United States, Canada, and Australia. The chapter concludes with a critical appraisal of the Japanese SIA. Keywords:globalization; Ohara v Georgia; Sovereign Immunity Act (SIA)