「環境保護の法と政治」

抄録

In recent years, environmental protection issues have been of crucial importance, because of their nature, characteristics, and influence. Nowadays, local or domestic environmental problems are in many ways linked with various environmental problems in other geographic areas. It is quite possible that even a small environmental problem will turn out to be a global one. Needless to say, all people and nations are obligated to participate in solving environmental problems at every state. Today, it is required for those who are in the fields of laws and political science to advocate such new environmental measure as they may judge necessary and expedient. The main aim of the symposium is to examne conventional environmental laws and regulations as well as administrative guidance conducted by local and national bureaucrats, and to advocate a new theory and practical rules for the improvement of our environment. Professor Nobori, Meijou Universiry, presented a paper under the title of "What Environmental Protection Should be: From the Standpoint of the Relationship between National and Local Governments." He explained why local governments are able to put improvements into practice prior to policymaking by the national government. He cited various cases and regulations concerning air pollution, environment assessments, and waste management throughout the country, and suggested that it is necessary to revise environmental regulations. Professor Hiramatsu, Kwansei Gakuin University, presented a paper under the title of "The Constitution and Environmental Protection." First of all, he pointed out that there is a limitation as to interpretation of the legal benefits of human rights which are prescribed in the Administration Litigation Act, even thouth we try to interpret it in a broad sense when we attempt to apply it to environmenta protection. He exzmines "environmental rights," while citing s series of theories advocated by German scholars. He suggested that it is necessary for us to make a law on the basis or protecting "animal rights for survival," and that may provide us with a criterion for court judgments concerning environmental protection. Mr. Yokota, National Institute for Environmental Studies, presented a paper under the title of "Globalizaion of Environmental Problems and the Administration and NGO's: Their Policymaking for Climate Change Issues." He indicated a recent globalization trend of environmental problems that has become increasingly prominent since the 1980s. The issue of climate change is one of the most critical environmentl problems. He explained in detail a series of poliymaking steps for climate improvement done by certain advanced nations. He also explained the process of reaching a global consent among nations to the Kyoto Protocol. As for activities of NGO's, he pointed out that NGO's have been rather reluctant to participate in policymaking concerning environmental issues. Professor Fujimoto, Kokushiman University, presented a paper under the title of "Environmental Protection and the Roles of Civil Laws." From the standpoint of human rights, he has examined court injuntion regarding environmental pollution cases, such as serious lawsuit cases regarding Niigata Minamata disease (a type of poisoning caused by industrial mercury pollution), Yokkaichi city asthma, Itaiitai disease, and Kumamoto Minamata disease. He emphasized the significance of court decisions which have resulted in to improvements to our environment. Professor Saegusa, Nagoyagakuin University, presented a paper under the title of "Environmental Protection: From the Viewpoint of Environmental Criminal Laws." He pointed out that the Japanese environmental criminal laws prescribe rather light punishments, and, what is worse, environmental criminal laws have seldom been applied to the cases which had

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