Research Backgrounds

     Global and Japanese environmental laws and policies are undergoing major changes. In the field of energy-related environmental law, the Paris Agreement, which aims to limit the global average temperature rise to 2.0°C or 1.5°C, was adopted in December 2015. In response, Japan declared its commitment to achieving carbon neutrality by 2050 in October 2020. Prior to this, on March 11, 2011, the Fukushima Daiichi nuclear disaster occurred. This accident has had a major impact on Japan’s energy policy and climate change policy to date.　In the field of biodiversity conservation, the “Kunming-Montreal Global Biodiversity Framework” was agreed upon at the 15th Conference of the Parties to the Convention on Biological Diversity (COP15) in October 2022, setting out a 2050 vision for a world in harmony with nature and a mission to halt and reverse biodiversity loss by 2030. In response, Japan also formulated the “Transition Strategies toward Nature Positive Economy” in March 2024.
     As mentioned above, there are significant changes in legal systems and policies across various fields of environmental law and policy, particularly in areas such as climate change mitigation and biodiversity conservation. The Unit of the Environment and Law conducts joint research with legal scholars as well as researchers from other social sciences and natural sciences both within and outside the university. Our research activities include analyses and evaluation of legal policies for relevant policy recommendations.

Research Subject

1. Design for Legal System for the Creation of a Carbon-Neutral Society

     In April 2024, Professor Takeshi Shimamura was appointed as Unit Leader. Additionally, in November, Program-specific Assistant Professor Masako Ichihara joined the unit as a member.
     The unit will focus on interdisciplinary and international research into designing legal framework for the construction of a carbon-neutral society—a pressing national and global challenge—and the development of legal frameworks to achieve a just transition to a carbon-neutral society.

2. Environmental Law and Policy Seminar

     In collaboration with researchers and practitioners from various academic fields both within and outside the university, we hold seminars on current issues in environmental policy and environmental law, not limited to the design of a legal system for the creation of a carbon-neutral society as mentioned above.

3. Unit Leader and Collaborating Faculty Members’ Research Activities

     This unit is composed of the members listed below. Details on each member’s research achievements are provided at the linked websites in “Research Members”.
     Relevant research conducted by members with external funding is provided at the linked websites in “Research with External Fund”.

Research Members

Unit Leader

Takeshi Shimamura (Professor, Faculty of Law, Kyoto University (Graduate School of Law), Environmental Law)

Unit Assistant Professor

Masako Ichihara (Program-specific Assistant Professor, Faculty of Law, Kyoto University (Graduate School of Law), Center for Collaborative Research on Law and Policy, Environmental Law)

Collaborating Faculty (from Kyoto University)

Yoshiyuki Hashimoto (Professor, Faculty of Law, Kyoto University (Graduate School of Law), Civil Law)

Hiroki Harada (Professor, Faculty of Law, Kyoto University (Graduate School of Law), Administrative Law)

Azusa Uji (Associate Professor, Faculty of Law, Kyoto University (Graduate School of Law), International Political Economy Analysis)

Cooperative Researcher

Doki Shunta, Attorney at Oh-Ebashi LPC & Partners

Research with External Fund

Legal System Design for Appropriate Siting and Consensus Building of Renewable Energy Power Generation Facilities (2023-2026)
Grant-in-Aid for Scientific Research (KAKENHI) (B)
Takeshi Shimamura (Principal Investigator)

Research on Connecting Domestic and International legal systems for the realization of a sustainable future through a just transition: A transnational overview of climate change litigation and the integration of legal systems aimed at ensuring the well-being of all generations (2024-2026)
Asahi Glass Foundation Research Grant for a Sustainable Future (Proposal Research)
Masako Ichihara (Principal Investigator)

Global Tourism and Regulation (2025-2029)
Grant-in-Aid for Scientific Research （KAKENHI）(B)
Hiroki Harada (Principal Investigator)
Takeshi Shimamura participates as a research collaborator

A Local Approach to the Implementation of a Global Plastic Treaty (2023-2027)
Grant-in-Aid for Young Scientists (KAKENHI)
Azusa Uji (Principal Investigator)

Carbon Pricing and its Legal Regulation that utilize Advancements in Carbon Dioxide Removal Technology (2024-2027)
Grant-in-Aid for Scientific Research (KAKENHI) (B)
Tadao Okamura, Professor, Kumamoto Gakuen University (Principal Investigator)
Hiroki Harada and Takeshi Shimamura participate as research collaborators

Interdisciplinary Studies on management of marine litter deposited at nature conservation coasts (2024-2026)
Grant-in-Aid for Scientific Research （KAKENHI）(B)
Takayuki Shiraiwa, Associate Professor, Hokkaido University (Principal Investigator)
Takeshi Shimamura participates as a research collaborator

Transnationality of Domestic Public Law (2025-2029)
Grant-in-Aid for Scientific Research （KAKENHI）(A)
Takahisa Nakagawa, Professor, Kobe University (Principal Investigator)
Takeshi Shimamura participating as a research collaborator

Research on the establishment of integrated legal policies for the conservation of the marine environment and ecosystem（2025-2027）
Grant-in-Aid for Scientific Research （KAKENHI）(A)
Mari　Koyano, Professor, Hokkaido University (Principal Investigator)
Takeshi Shimamura participating as a research collaborator

A Comprehensive Study of the Rights and Interests of Future Generations: The Potential of Future Generations Law (Areas) in International Law (2025-2029)
Grant-in-Aid for Scientific Research （KAKENHI）(B)
Kanami Ishibashi, Associate Professor, Tokyo University of Foreign Studies (Principal Investigator)
Masako Ichihara participates as a research collaborator

The “Right to Repair” theory: building a role-sharing structure and a research team by balancing innovation, market and environmental systems to reach for the circular economy
ERCA: Environmental Restoration and Conservation Agency ERTDF: Environment Research and Technology Development Fund Innovative R&D (for Young Scientists B)
Yusuke Tachibana, Fukuoka Institute of Technology (Principal Investigator)
Masako Ichihara participates as a research collaborator

Education

     The following courses offered by the Graduate School of Law and the Faculty of Law will incorporate research findings from the “Environment and Law” unit. In particular, the two courses in the Faculty of Law will provide insights into the latest legal policies and discussions in the energy sector, including carbon neutrality policies.

1. Environmental Law at the Law School

     The Kyoto University Law School offers the following three courses to cultivate legal professionals with advanced knowledge of environmental law. Note that environmental law is one of the elective subjects for the bar examination.
① Environmental Law I (Instructor: Takeshi Shimamura)
     This course provides an overview of the general principles of environmental law and environmental administrative law.
② Environmental Law II (Instructor: Takeshi Shimamura)
     This course provides an overview of environmental administrative litigation and environmental civil litigation.
③ Environmental Law Case Studies (Instructors: Shunsuke Sugita, Shinya Yogo, and Hiroyuki Kita, attorneys at law)
     This course uses specific environmental disputes as case studies to examine issues that arise in litigation.

2. New Environmental Law at the Undergraduate School

     Foreign major law schools and law graduate programs, including Europe and the United States, offer a wide variety of courses related to environmental law. Among these, several courses related to energy law/policy and environmental law are particularly noteworthy. In contrast, Japanese law schools focus their lectures on the relevant scope with the bar exam. Consequently, courses related to energy law/policy and environmental law are rarely offered.
     However, the importance of environmental law/policy related to energy law/policy has been increasing globally including Japan for the following reasons: (1) Following the Fukushima Daiichi nuclear disaster, nuclear law and policy have undergone significant changes, and opinions remain divided on the merits of nuclear energy use; and (2) To achieve carbon neutrality, it is essential to strengthen legal systems that promote energy conservation and the transition to renewable energy. Based on those reasons, in the environmental law course established in the Faculty of Law at this university in the 2024 academic year, the course focused on energy environmental law rather than providing a comprehensive overview of all areas of environmental law. The course content is as follows (2 credits, 14 sessions). Additionally, a small-group seminar course is also available.