| Budget Amount *help |
¥3,380,000 (Direct Cost: ¥2,600,000、Indirect Cost: ¥780,000)
Fiscal Year 2013: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2012: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2011: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Outline of Final Research Achievements |
Japanese courts tend to deliver their judgment on legality of an act by public authority through applying environmental agreements (EAs) without judging about their effect under domestic legal system nor the possibility of their direct application. No judgment has found such act a violation of EAs. Japanese courts have never recognized the right to the enjoyment of nature, which would be a part of justification for the right to seek injunction for nature protection. While Japanese courts are quite reluctant to apply EAs to a dispute among private persons, they suggest applying EAs indirectly, i.e. applying the effect and provisions of EAs in interpreting existing national law.
The number of cases that have applied EAs is still limited. It is significant to consider limits and challenges of relevant national legislations rathen than to evaluate precisely impacts of judgments in which EAs are invoked/applied.
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