2015 Fiscal Year Final Research Report
A Comprehensive Research on Environmental Risk Regulation---Developing Unified Perspective and Establishing Environmental Damage Compensation System in Japan
| Project/Area Number |
25380141
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
New fields of law
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| Research Institution | Waseda University |
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Principal Investigator |
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| Research Collaborator |
FUJIOKA Norio
KOJIMA Megumi
FUTAMI Eriko
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 予防原則 / 環境損害 / 損害賠償 / 環境リスク / 国際研究者交流 |
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| Outline of Final Research Achievements |
This research features the international exchange of researchers which focuses on the comparison between Japanese and French environmental law. Regarding compensation in French judicial cases, the precautionary principle has some impact on the determination of the “fault” of the act that has some scientific uncertainty. Regarding injunction in French lower court cases, the precautionary principle had impact on the determination of the “possibility of prejudice” and plaintiffs won in mobile phone antenna litigations. However, later, “le tribunal des conflits” limited the jurisdiction of judicial courts. On the Contrary, in Japan it is possible for judicial courts to issue an injunction to the facilities that got permission from the administration. I also developed the discussion on the civil injunction litigations against nuclear power plants, the research on group litigation and the environmental damage in CSC treaty.
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| Free Research Field |
民法、環境法
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