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Japan: Supreme Court Affirms Extraterritoriality of Antimonopoly Act

(Dec. 19, 2017) On December 12, 2017, Japan’s Supreme Court ruled that the national Fair Trade Commission (FTC) can impose surcharges on firms that join cartels established overseas if the cartels impair the free competition of the Japanese market.  (Sup. Ct., Dec. 12, 2017, 2016 (Gyo-hi) No. 233, Courts in Japan website (in Japanese).) Japan’s […]

Japan: Supreme Court Reverses View on Whether Obscene Intent Necessary for Crime of Forcible Indecency

(Dec. 5, 2017) On November 29, 2017, the Supreme Court of Japan reversed a nearly five-decade-old precedent, stating that no obscene intent is necessary for the crime of forcible indecency.  (Saiko Saibansho [Sup. Ct.] Nov. 29, 2017, Case No. 2016 (a) 1731, Courts in Japan website (in Japanese) (click on the two characters beside PDF […]

Japan: Judges Cannot Engage in Apartment-Leasing Business

(Nov. 2, 2017) Japanese judges cannot engage in for-profit businesses. They may engage in not-for-profit businesses and receive remuneration if they obtain permission from the Supreme Court.  (Court Act, Act No. 59 of 1947, art. 52, Japanese Law Translation website.)  There are similar regulations for civil servants.  (National Public Service Act, Act No. 120 of […]

Kyrgyzstan: Court Denies Ballot Petition of Opposition Leader

(Sept. 12, 2017) On August 31, 2017, the Supreme Court of Kyrgyzstan upheld a lower court’s rejection of a petition to list opposition leader Omurbek Tekebaev on the presidential election ballot this October. (Elizabeth Lowman, Kyrgyzstan Supreme Court Rejects Petition to Put Imprisoned Opposition Leader on Ballot, PAPER CHASE (Aug. 31, 2017).)  Although a petition […]

China: Judicial Interpretation on Infringement of Personal Information Released

(Sept. 1, 2017) In May 2017, China’s Supreme People’s Court (SPC) and the Supreme People’s Procuratorate (SPP, the prosecutor) released a judicial interpretation on infringement of personal information in criminal cases. Effective June 1, 2017, the interpretation defines the scope of personal information under the Criminal Law of the People’s Republic of China (PRC) and […]

Indonesia: Court Overturns Regulation on Car-Hailing Services

(Aug. 31, 2017) Following a June 2017 hearing, Indonesia’s Supreme Court announced that a government regulation on ride-hailing services contradicts the country’s laws. As a result, the Court annulled 15 articles of the regulation, including provisions on company logos on the cars, minimum and maximum fare limits, registration of vehicles under company names rather than […]

Sri Lanka: Supreme Court Rules Against New Tax Law

(Aug. 28, 2017) On August 4, 2017, the Speaker of the Sri Lankan Parliament, Karu Jayasuriya, announced that he had been informed that the Supreme Court would not approve the proposed new Inland Revenue Act. (Sri Lanka’s Supreme Court Shoots Down Tax Reforms, DAILY STAR (Aug. 6, 2017).)  Under the Constitution of Sri Lanka, the […]

India: Supreme Court Upholds Mandatory Use of Biometric Identification for Filing Taxes and Tax Account Applications

(July 21, 2017) India’s Supreme Court, on June 9, 2017, upheld the constitutional validity of section 139AA of the Income Tax Act, 1961, which made the Act’s biometric-based identification project, Aadhaar, mandatory for filing income tax returns and applying for Permanent Account Numbers (PANs). (Binoy Viswam v. Union of India & Ors., (2017), Supreme Court […]

Brazil: Federal Supreme Court Rules All Couples Have the Same Inheritance Rights

(May 17, 2017) In a ruling issued on May 10, 2017, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) determined that, for the purpose of inheritance rights, “stable unions” and marriages have the same legal value, providing partners in stable unions the same rights as those of  married persons.  (STF, Recurso Extraordinário (RE) 646721, […]

China: New Supreme Court Interpretations on Enforcement of Civil Judgments

(Apr. 26, 2017) On February 28, 2017, the Supreme People’s Court (SPC) of the People’s Republic of China (PRC) released two judicial interpretations on enforcement of judgments in civil cases.  Both interpretations will come into effect on May 1, 2017.  (Zuigao Renmin Fayuan Guanyu Minshi Zhixing Zhong Caichan Diaocha Ruogan Wenti de Guiding [SPC Provisions on […]