瀬戸内海北岸における入会地,神社有地,漁業権の危機 : 上関原発計画をめぐる司法判断の批判的検討

概要

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Fearing an impending environmental and social crisis, some commoners and fishermen in Kaminoseki Town have filed cases at various levels against the Chugoku Electric Power Company, which has announced the plan to build a nuclear power plant on the coast of the Seto Inland Sea. The purpose of this paper is threefold. First, by focusing on the issue of massive warm-water current, the paper inspects the advertisement of the company claiming that electric power generation by nuclear reactors contributes to the prevention of global warming. Second, the paper organizes the cases according to the plaintiffs against the corporation at each level of court, also taking up the problematic standpoints of the National Agency of the Shinto Shrines and a local shrine. Third, the paper attempts to critically examine the attitude of the judiciary toward the problem of nuclear power and shows that the judgments of the higher court have tended to be more in favor of nuclear power than those of the lower courts, at least until today.