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Tokyo High Court, Judgment for JASRAC Case (2013) (Japan)

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dc.contributor.author Shi, Chengyu
dc.date.accessioned 2017-09-25T18:18:58Z
dc.date.available 2017-09-25T18:18:58Z
dc.date.issued 2017-06
dc.identifier.citation 26 WASH. INT'L. L.J. 573 (2017) en_US
dc.identifier.issn 2377-0872
dc.identifier.uri http://hdl.handle.net/1773.1/1718
dc.description Washington International Law Journal, Volume 26, Number 3, June 2017 en_US
dc.description.abstract The Tokyo High Court, Judgment of November 1, 2013 made a unique judgment in regard to standing to sue for a party who is not a direct addressee.2 Under the Japanese Administrative Case Litigation Act Article 9, Section 1, only “a person with legal interest” can bring an administrative lawsuit. The definition of “a person with legal interest” for revocation of a public order is an individual whose legal rights or interests are protected by law and are being infringed or threatened with unavoidable infringement. In addition to this definition, the Court considered not only the text of the law, but also (1) the meaning and purpose of the law and (2) the character and the context of the interests for deciding whether a person other than the addressee has an interest protected by law. The Court ruled that a party who is not a direct addressee had standing to sue if they are likely and unavoidably to be directly damaged because of the infringement of fair and free competition in the market, and if the damage would be substantial. en_US
dc.language.iso en_US en_US
dc.publisher Washington International Law Journal Association, University of Washington School of Law, Seattle, Washington en_US
dc.subject Translation en_US
dc.title Tokyo High Court, Judgment for JASRAC Case (2013) (Japan) en_US
dc.type Article en_US
dc.rights.holder Compilation © 2017 Washington International Law Journal Association en_US

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