The monju trial: Nuclear controversy in Japan

Abstract

This chapter analyses an administrative lawsuit from 2003 concerning the Monju prototype fast-breeder reactor in Fukui as an example of nuclear disputes in Japan, and explores what it means for the safety of a nuclear reactor to be disputed in a judicial court. The analysis reveals that such litigation concerning a nuclear facility focuses on the validity of administrative procedures and does not pass judgement on the safety of the nuclear reactor itself. With regard to judgement on the safety of nuclear reactors, the views of the administrative authorities’ experts, who exercise engineering judgement, which inevitably involves a degree of uncertainty, are treated with great respect. In administrative litigation, the stepwise regulation of installation and operation of nuclear power plants is taken as a premise, and matters such as the final disposal of nuclear waste and the methods of reprocessing spent nuclear fuels are beyond the scope of judicial review, as are the social aspects of utilising nuclear energy. The analysis highlights the limitations of administrative lawsuits to solve social conflicts about nuclear power plants in Japanese society.