2014 Fiscal Year Final Research Report
Application of International Environmental Law before Japanese Courts: Towards Creating Foundation for its Better Application
| Project/Area Number |
23653034
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| Research Category |
Grant-in-Aid for Challenging Exploratory Research
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| Allocation Type | Multi-year Fund |
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| Research Field |
New fields of law
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| Research Institution | Nagoya University |
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Principal Investigator |
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| Co-Investigator(Kenkyū-buntansha) |
OBATA Kaoru 名古屋大学, 大学院法学研究科, 教授 (40194617)
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| Project Period (FY) |
2011-04-28 – 2015-03-31
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| Keywords | 国際環境法 / 裁判所 / 国内適用 / 国際人権法 / 国内実施 |
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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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| Free Research Field |
国際法、環境法、国際環境法
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