| Budget Amount *help |
¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000)
Fiscal Year 2016: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2015: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2014: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
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| Outline of Final Research Achievements |
This research aims to construct the basic theory for the flexible operation of indirect enforcement as a civil remedy in cases of nuclear disaster.
Firstly, I researched the possibility of combine use of the flexible operation of indirect enforcement and execution by substitution as a civil remedy to recover from the radioactive contamination caused by a nuclear accident at Fukushima Daiichi Nuclear Power Secondly, I focused on two contradictory decisions of case of the government’s reclamation project in Isahaya Bay, and how the final decision to open the drainage gate of the dike and provisional disposition order to ban the opening are confronting each other in a conflicting manner.I consistently argued that interpretations delivered from the comparative balancing theory might ‘break’ the indirect enforcement through arbitrary creating the ex-post contradictory legal judgements by such as intentionally losing cases, and thus it should not be adopted.
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