This book provides the details of Japanese climate litigation, positioning them both within the global trends of climate litigation and on the trajectory of Japanese past pollution lawsuits. It identifies the barriers that hinders the number of climate cases in Japan, a country known with a significant low litigation use. It then discusses the future prospects for climate change litigation in Japan by comparing with tobacco litigation in the United States. This original work makes a significant contribution to the international academic community, by describing Japan's climate cases, previously little known internationally.
Masako Ichihara, Ph.D. (2021), Kyoto Univeristy, is Program-specific Assistant Professor at the Unit of the Environment and Law, Center for Interdisciplinary Studies of Law and Policy, Kyoto University. She contributes at several global network of climate litigation.
Preface Acknowledgments List of Figures and Tables Abbreviations
âIntroduction
1 Research Background and Existing Scholarship
â1.1âResearch Background
â1.2âLiterature Review
â1.3âResearch Objectives and Methods
2 Overview of the Japanese Legal System Relevant to Climate Change Litigation
â2.1âOverview
â2.2âJapanese Judiciary
â2.3âPublic Access to Justice in Environmental Litigation
â2.4âLaws Mobilized in Japanese CCL
â2.5âSummary: Key Legal Constraints to CCL in Japan
3 From Environmental to Climate Change Litigation
â3.1âOverview
â3.2âHistorical Background
â3.3âStructural Causes of Japanese Environmental Damage
â3.4âCCL as an Extension of Environmental Litigation
â3.5âSummary
4 Five Climate Change Cases in Japan
â4.1âOverview
â4.2âDetails of the Cases
â4.3âComparison of the Cases
â4.4âComparison of CCL and Earlier Antipollution/ Environmental Cases
â4.5âUniqueness of CCL in Japan
â4.6âSummary
5 Institutional Obstacles
â5.1âOverview
â5.2âAccess to the Courts
â5.3âExisting Law
â5.4âJudicial Receptiveness
â5.5âDiscussion
â5.6âSummary
7 Countermeasures: Possible Improvements and Future Prospects
â7.1âOverview
â7.2âObstacles to Climate Litigation
â7.3âProspects for the Future: through Comparison with US Tobacco Litigation
â7.4âSummary
âConclusion
â1âFindings and Implications
â2âContributions
â3âLimitations and Future Research
Glossary Appendix 1: First-Stage Survey Questionnaire Appendix 2: Second-Stage Survey Questions Bibliography Index
Researchers working in the field of climate change litigation, climate change policymakers, and legal professionals