Sorimachi
Your advocacy of the law school concept, as first
introduced in Juristmagazine, caused considerable controversy. As I
understand it, you advocate the introduction of an American-style system
as a result of your analytical evaluation. First, I would like to hear
from you what the background is against which you have decided on this
advocacy.
Yanagida
I am a Member of the Visiting Committee of the
Board of Overseers of Harvard University, and have been for sometime.
Members oversee and report any problems found in the operation of the Law
School and provide recommendations for reform directly to the President of
the University. Two years ago, Harvard Law School embarked upon a reform
program, with the new era in mind, and I am also a member of that team.
So to a great extent, I feel I am familiar with Harvard Law School's reform
projects.
It was in my role as a lecturer at the Japan-US Law Academy that led
me to the study of judicial education in Japan. I was talking about the
Japanese judicial educational system visa-a-vie Harvard Law School and while
doing some preparatory study for a lecture, I came across some serious
defects intrinsic in the Japanese judicial education system . These defects
consisted of a severe lack of comprehensive general education and the low
number of judicial professionals. After becoming aware of these two
defects, I developed some advice, modeled after the Harvard experience.
Sorimachi
May I ask what sort of problems were there behind the
Harvard reform plan?
Yanagida
Harvard is looking toward a new era and new roles for
jurists in a borderless and information technology oriented age and so is
exploring alternative educational approaches. While globalization proceeds,
centering on business activities, nation states remain sovereign, each
with their own respective legal systems and regulations. Considerable study
is required to meet the legal needs derived from this globalization of
society and to develop an appropriate judicial framework.
Sorimachi
The issue is relevant to Japan, isn't it?
Yanagida
Yes, like it or not, Japanese lawyers are being dragged
into an internationally competitive arena. The Japanese legal system must
be reinforced, both quantitatively and qualitatively. I am emphasizing
that Japanese lawyers need to be internationally competitive in order to be
able to play meaningful role in this new era.
Sorimachi
I completely agree. Conflicts, negotiations and deals
in the international environment must be handled through legal processes
and, especially for Japan, which has totally renounced war as a solution
for any international conflict and must depend totally on judicial justice
systems.
Yanagida
Japanese corporations with legal problems overseas are
often represented by American or British lawyers, and especially in China,
American attorneys. Japan simply does not have enough lawyers to work
outside Japan. Mr. Kohei Nakabo, a former president of the Japanese
Federation of Attorneys called this situation "twenty percent judicial
capability," admitting that the Federation can't even respond to domestic
needs.
Sorimachi
You are better known internationally; how do you observe
legal matters in the Asia in general?
Yanagida
Japanese corporations with legal problems overseas are
often represented by American or British lawyers, and especially in China,
American attorneys. Japan simply does not have enough lawyers to work
outside Japan. Mr. Kohei Nakabo, a former president of the Japanese
Federation of Attorneys called this situation "twenty percent judicial
capability," admitting that the Federation can't even respond to domestic
needs.
Sorimachi
I have been long advocating having an attorney as a part
of the working team of Japanese corporations conducting business overseas,
not only to enhance our national interests but also to promote the
development of the Asian economy and encourage political stabilization.
Judicial reform, now underway in Japan, must address these concerns,
otherwise Japan's national interest will go down the tubes.
Yanagida
Many of the disadvantages found today in relation to
Japanese businesses in China can be traced to the fact that the investing
companies were not assisted by legal professionals. Uneasy relationships,
litigation and eventual withdrawal from the market are some of the results.
We very seldom see such difficulties with American corporations operating in
China because their lawyers had carefully removed any seeds of such
troubles at the onset.
Sorimachi
I certainly anticipate broad deliberations by the
Reform Council, including discussions of the protection of national
interests as they pertain to corporate operations overseas, especially in
Asia. By nature, the Reform Council tends to focus on rather narrow
areas, such as trial procedures, but views like yours, Mr. Yanagida,
advocating the introduction of a new law school scheme are most valuable in
terms of the enhancement of Japans's national interests.
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