入浜権の生成に関する一考察

抄録

In Takasago city, Hyogo Prefecture in 1969, the entire coast line was reclaimed, making it impossible for the residents to enter the coastal zone. In 1973, a large quantity of mercury was detected from the factory effluent, marking the beginning of the advocacy of the right of access to the coastal zone. This claim is based on the concept that a broad category of persons have the right to freely enter and utilize the coastal zone. It can be said that this right is a justifiable one from several points of view: the conservation of the enviroment, the traditional custom of the utilisation of the seaside, and customary leisure activities. But the present state of the law is such that the court would not accept a claim of such a right made in a lawsuit demanding an injunction against coast line reclamation. In order to have the right of access to the coastal zone legally established, it is necessary to learn from the examples of foreign countries and prove that this right is an ancient right, based on investigations of the customs of coastal zone utilisation.