The Doctrine of "Public Policy" in Japanese Private International Law Theory and Practice

This essay aims to explore the fundamental private international law doctrine of public policy (ordre public) as it is understood in Japanese law. In this context, the concepts of "public policy" and "public policy provision" will be examined with specific reference to similarities and differences within the domestic public policy notion of Japanese law. Next, as frequently argued in doctrine, it will address two main conditions for enforcing this notion and several possible routes for resolving disputes once the application of foreign law is denied. After creating a tangible theoretical base for the subject, special care will be given to examining major Japanese court cases involving deliberations on public policy.