Legal Theories of Damages Caused by Man-made Disaster: the Fukushima Nuclear Disaster and the Gulf of Mexico Oil Spill

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380138
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: New fields of law
• Research Institution: Toyo University
• Principal Investigator: OSAKA ERI 東洋大学, 法学部, 教授 (40364864)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 災害 / 福島第一原子力発電所事故 / メキシコ湾原油流出事故 / 被害 / 損害 / 賠償

Outline of Final Research Achievements

While the compensation scheme for the Gulf of Mexico Oil Spill somehow successfully categorized the each damage individually, it is quite difficult to distinguish the each damage caused by the Fukushima Nuclear Disaster. One example is environmental damage. For the victims having been living with the blessing of nature, can the pure environmental damage be clearly distinguished from the loss of their "hometown"? In my future research, I would like to identify the true essence of the "loss of hometown" claim brought by the plaintiffs in many pending nuclear damage lawsuits, through the comparative study on the past disasters resulted in the displacement of victims.

Free Research Field

環境法、民法