The rapid development of artificial intelligence technology (AI), with the emergence of language models such as ChatGPT, has significantly impacted the education sector. Placed in this new phase, the entire education domain faces new challenges again. Currently, the use of ChatGPT and other generated AI content has been positively evaluated for its usefulness in improving thinking skills. Still, it is also said to have issues in legal and educational aspects due to limitations in originality, as the answers follow data patterns, and concerns regarding copyright, personal data, and privacy violations. There are also growing concerns about various legal and educational effectiveness issues. In response to these issues, the Ministry of Education, Culture, Sports, Science and Technology (MEXT) published guidelines on generative AI in 2023, and universities and educational institutions have also announced how they will handle the use of generative AI in their respective universities and academic institutions, in line with their own founding policies and educational backgrounds since then. However, there has been little research conducted on AI in education. Therefore, this paper first analyses trends in European and Japanese legislation and debates on generative AI, summarises the current situation of introducing generative AI in Japanese educational settings and the associated problems, and considers international measures, including those in Japan, to address the situation. Furthermore, it analyses international developments in new AI legislation, an essential legal basis for the future diffusion of and risk response to generative AI, as well as the current state of AI legislation in Japan and expectations for new legislation.