Building on the findings of the 2024 Tokuteikadai project Governing Energy Transition Conflicts, this follow-up study focused more closely on the evolving landscape of strategic litigation in Japan, particularly in relation to nuclear reprocessing policy. Anchored in the empirical case of Rokkasho village and the ongoing litigation against the nuclear fuel cycle, the project examined how legal mobilization challenges state-led energy policy through claims grounded in environmental justice, intergenerational responsibility, and procedural fairness. This research deepened the analysis of strategic litigation by integrating a socio-legal reading of the Rokkasho case. Drawing on fieldwork in Aomori Prefecture and interviews with lawyers, plaintiffs, regulatory authorities, and civil society actors, the project explored how litigation against the Rokkasho reprocessing plant reveals the interplay between technopolitical decision-making and legal challenges. Theoretically, the study engaged critically with Japanese socio-legal scholarship in order to analyze how legal strategies evolve in response to shifting political, regulatory, and normative contexts. Two major dissemination outcomes marked this project. First, the international conference “Strategic Litigation in the Fields of Energy and Climate in Japan, France, and Germany” was held in October 2025 at FernUniversität in Berlin, continuing the collaborative dialogue initiated at the November 2024 Waseda symposium. This conference brought together legal scholars, energy policy experts, and activists to debate the normative stakes and strategic orientations of litigation across jurisdictions. Second, a peer-reviewed article titled “Between Law and Policy: Rethinking Judicialization through Japanese Socio-Legal Thought” was accepted for publication in Asiatische Studien / Études Asiatiques. The article situates Japanese energy litigation within broader debates on judicialization, legal pluralism, and institutional responsiveness, offering an original contribution to both area studies and comparative socio-legal research. Additional outputs, including a second journal article and a co-authored volume, are currently in preparation.

This research project explored the legal and political dimensions of energy transition conflicts, focusing on how states and societies respond to contestation around nuclear and renewable energy development. By adopting a comparative lens centered on Japan, France, and Germany, the project examined how legal mobilization, litigation strategies, and multi-level governance mechanisms shape energy policymaking in contested contexts. Particular attention was given to the role of strategic litigation in driving institutional change, reframing public debates, and challenging dominant policy narratives in Japan. The study revealed how litigation can function not only as a reactive legal tool but also as a proactive mode of engagement that pressures political institutions and regulatory frameworks. In Japan, the legacy of the Fukushima disaster and the recent acceleration of nuclear restarts—justified through climate, sovereignty, and cost-efficiency arguments—highlighted the evolving legal and political stakes of energy governance. The project also engaged with theoretical debates on legalism by revisiting Japanese socio-legal literature on gendai-gata soshō (Tanaka 1996) and seido kaikaku soshō (Awaji 2012), using these frameworks to analyze recent energy-related cases as part of broader institutional reform dynamics. Empirical case studies were supported by fieldwork and interviews in Tōhoku, as well as document analysis of litigation and regulatory procedures. As part of the project’s dissemination strategy, a major international symposium was organized in November 2024 at Waseda University, titled Energy Transitions Litigation in France, Japan, and Germany in collaboration with CNRS, Waseda University, FernUniversität in Hagen, Utokyo, Kyoto University. The event brought together scholars, practitioners, and activists from all three countries to discuss litigation as a mode of democratic accountability and policy influence. Research outcomes were also presented at multiple international workshops and conferences, helping to position the project within broader interdisciplinary debates on energy justice, climate governance, and strategic litigation. A peer-reviewed journal article and a book chapter are currently under review, and further publications are planned to consolidate the project’s findings and contribute to academic and policy debates on energy transition governance.

Report on Tokuteikadai Funded Research Project 2023C-700Project title: Local Resistance and Climate Litigation: Unraveling Multi-Level Governance in Energy TransitionInvestigator: Adrienne Sala, Assistant Professor, School of International Liberal Studies (SILS)Research OverviewThis project, initiated under the Tokuteikadai funding (October 2023-March 2024), examines the dynamic interface of litigation, environmental governance, and public involvement in Japan's energy transition sector. It aims to analyze how legal processes shape risk perception, information dissemination, and civic engagement in environmental policy-making.Literature Review and Field ResearchThis project began with an extensive literature review focusing on the themes of risk and power dynamics within the nuclear energy sector, both in Japan and internationally. Subsequently, the research delved into an in-depth analysis of judicial decisions. This examination was crucial for appreciating the legal constructs surrounding nuclear issues and their broader societal implications. It helped unravel how legal frameworks have shaped, and have been shaped by, societal perceptions and reactions to nuclear energy.The fieldwork component, conducted at the Rokkashô nuclear fuel reprocessing facility in March 2024, represented a critical phase of the research. By attending a trial and engaging with a variety of primary sources, including policy documents and firsthand observations of policy discussions, this stage provided rich, empirical insights. It illuminated the complexities of local resistance to nuclear energy initiatives, enriching the understanding of grassroots-level reactions and strategies overtime.Moreover, this phase shed light on the narratives surrounding climate change used to bolster support for nuclear energy as a component of the energy transition. These narratives are pivotal in understanding the justifications for nuclear energy in the context of evolving environmental policies and the balancing of various energy sources to meet climate goals.A notable part of the study involved a collaborative analysis with French researchers such as Sophie Houdart (CNRS, French Research Institute on Japan at the Maison franco-japonaise), comparing Japan's Rokkashô movement with France's La Hague anti-nuclear movement. This comparative aspect of the study enriches our understanding of nuclear energy resistance movements within different cultural and legal contexts, shedding light on global patterns of environmental and nuclear activism as well as specific trajectories. For instance, after Fukushima, a pivotal shift was observed from probabilistic risk assessments to a more integrated approach in nuclear litigation, incorporating scientific, medical, and local knowledge in both countries, which resulted in distinct legal strategies used by lawyers and different judicial decisions.The research also extends to examining the role of media, particularly TV series like “The Days,” in influencing public memory and understanding of nuclear incidents. This media analysis illuminates the complex interaction between fictional narratives and public perception of environmental governance.