| 研究課題/領域番号 |
22K01275
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| 研究種目 |
基盤研究(C)
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| 配分区分 | 基金 |
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| 応募区分 | 一般 |
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| 審査区分 |
小区分05070:新領域法学関連
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| 研究機関 | 東京大学 |
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研究代表者 |
イザベル ジロドウ 東京大学, 大学院総合文化研究科, 准教授 (70713072)
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| 研究期間 (年度) |
2022-04-01 – 2025-03-31
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| 研究課題ステータス |
交付 (2022年度)
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| 配分額 *注記 |
3,510千円 (直接経費: 2,700千円、間接経費: 810千円)
2024年度: 1,300千円 (直接経費: 1,000千円、間接経費: 300千円)
2023年度: 910千円 (直接経費: 700千円、間接経費: 210千円)
2022年度: 1,300千円 (直接経費: 1,000千円、間接経費: 300千円)
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| キーワード | Climate litigation / Litigation strategies / Crisis lawyering / Judicialisation / Legal imaginaries / Chronotopes / Mock trials / Climate crisis lawyering / Earth System Law / Anthropocene / Case-based education |
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| 研究開始時の研究の概要 |
This research project explores the opportunities for, and the barriers to the development of ‘climate crisis lawyering’ in Japan. Through an international multidisciplinary framework involving several legal clinics and designed to engage with the Anthropocene thought experiment, this project scrutinises the practical and theoretical conditions under which case-based education can contribute to progressively open up legal reasoning to ‘planetary’ modes of thinking - and subsequently consolidate climate disaster law as an emergent area of legal knowledge and practice in Japan.
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| 研究実績の概要 |
During the last year, I focused on developing the part of my project that investigates (mostly through interviews with practicing lawyers involved in several "coal litigation" cases) the elaboration of novel climate litigation strategies in Japan. Based on distinct law's chronotopes/chronotopographies, such strategies, I argue, help shape the progressive opening up of legal reasoning to new narratives, at the interface of Earth system science and planetary social thought.
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| 現在までの達成度 (区分) |
現在までの達成度 (区分)
1: 当初の計画以上に進展している
理由
Although certain aspects of my fieldwork and research dissemination were restricted during the year, I managed to progress as planned with my project, producing several conference papers, having one article currently under review, and co-editing a special issue to be published by the end of the year (details and references are available on researchmap: https://researchmap.jp/00000000000000000000). My research, which is partly conducted in conjunction with my teaching activities at the University of Tokyo, has also led me to formulate a few related hypotheses which I hope to be able to explore as side projects, based on complementary teaching and research collaborations.
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| 今後の研究の推進方策 |
My next step is twofold: 1) Having identified the various strategies at play in climate litigation, I plan to next examine the skills, competences, and knowledge that different types of lawyers (not only attorneys, but also in-house counsels and government lawyers) can mobilise, both in their contentious and non-contentious legal practice, to address the many legal disruptions caused by a continuously rising risk of more frequent and higher-impact climate change-induced extreme events in Japan. This phase of the research will imply additional interviews and trial/practice observations, as well as the organization of a series of workshops involving practicing lawyers and (legal) scholars; 2) Through the organisation of/participation into mock trials and judgment projects involving students from different universities (in and outside Japan), I will also start exploring how interdisciplinary teaching and learning frameworks can enrich "climate crisis lawyering" praxis and theory.
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