Climate Change Litigation in Japan

Cases, Challenges, and Opportunities for Environmental Law

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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.

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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
 Introduction

1 Research Background and Existing Scholarship
 1.1 Research Background
 1.2 Literature Review
 1.3 Research Objectives and Methods

2 Overview of the Japanese Legal System Relevant to Climate Change Litigation
 2.1 Overview
 2.2 Japanese Judiciary
 2.3 Public Access to Justice in Environmental Litigation
 2.4 Laws Mobilized in Japanese CCL
 2.5 Summary: Key Legal Constraints to CCL in Japan

3 From Environmental to Climate Change Litigation
 3.1 Overview
 3.2 Historical Background
 3.3 Structural Causes of Japanese Environmental Damage
 3.4 CCL as an Extension of Environmental Litigation
 3.5 Summary

4 Five Climate Change Cases in Japan
 4.1 Overview
 4.2 Details of the Cases
 4.3 Comparison of the Cases
 4.4 Comparison of CCL and Earlier Antipollution/ Environmental Cases
 4.5 Uniqueness of CCL in Japan
 4.6 Summary

5 Institutional Obstacles
 5.1 Overview
 5.2 Access to the Courts
 5.3 Existing Law
 5.4 Judicial Receptiveness
 5.5 Discussion
 5.6 Summary

6 Cognitive Obstacles
 6.1 Overview
 6.2 Previous Studies
 6.3 Methodology
 6.4 First-Stage Surveys and Interviews
 6.5 Second-Stage Questionnaire Survey
 6.6 Discussion
 6.7 Summary

7 Countermeasures: Possible Improvements and Future Prospects
 7.1 Overview
 7.2 Obstacles to Climate Litigation
 7.3 Prospects for the Future: through Comparison with US Tobacco Litigation
 7.4 Summary
 Conclusion
 1 Findings and Implications
 2 Contributions
 3 Limitations 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
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