Japanese Pollution Litigation Theory and Case Analysis

Author: Leng Luosheng
Publisher:
Publish Date: 2005-06-01
Features: Environmental conservation is one of the most important issues for modern nations. After World War II, with the development of science and technology and the advancement of industrialization, various forms of environmental pollution emerged, leading to the destruction of ecosystems and even endangering the foundation of human survival. How to escape this severe perilous situation is a major challenge faced by every nation today, and environmental conservation thus came into being. Regarding the issue of environmental conservation mentioned above, each country has adopted various measures. For example, regulations on environmental conservation (also known as provisions on environmental conservation) are established in some countries or regions through the form of legislation, while in others, they are determined by setting specific clauses in the constitution. The United States is a representative example of countries that use legal forms to regulate environmental conservation. As of 1991, countries that have defined environmental conservation through constitutional means had reached 40. However, the content of standard environmental conservation clauses in the constitutions of these countries is not the same. From a content perspective, they can be divided into the following three types: , the constitution stipulates the relevant environmental rights of citizens and sets the relevant environmental conservation responsibilities and obligations of the state. For instance, Article 27, Paragraph 1 of the 1969 Constitution of Pennsylvania stipulates that citizens have the right to "clean air and clean water" and that preserving all natural resources is the responsibility and obligation of the government. Second, the constitution stipulates that environmental rights and environmental conservation are the joint responsibilities and obligations of the state and its citizens. A typical example is the 1978 Constitution of Spain (Article 45). Additionally, the Declaration on the Human Environment, adopted at the United Nations Conference on the Human Environment in 1972, also belongs to this category. Third, environmental conservation is specifically stipulated as the responsibility and obligation of the state. Germany is a representative example. Its Basic Law, Article 20a, states: "Preserving the foundation of all natural life is the responsibility and obligation of the state." From the methods adopted by various countries regarding environmental conservation issues, it can be seen that the number of countries incorporating environmental conservation clauses into their constitutional codes is gradually increasing. Moreover, it is increasingly noteworthy that most countries pay special attention to explicitly stipulating environmental conservation as the responsibility and obligation of their citizens. The Constitution of Japan does not explicitly mention environmental conservation. However, authoritative constitutional scholarship in Japan argues that the environmental rights of Japanese citizens and the environmental conservation responsibilities and obligations of the Japanese government can be found in the Constitution of Japan. Furthermore, the 1972 enacted and implemented "Law for the Conservation of Natural Environment" and the series of environmental basic laws promulgated and implemented in 1993, represented by the "Law on Environmental Conservation," have specifically stipulated the responsibilities and obligations of the Japanese government, enterprises and public institutions, and citizens in environmental conservation to properly address environmental conservation issues. Additionally, the prefectures and prefectural cities of Japan have also formulated relevant environmental conservation regulations. A typical example of an environmental conservation regulation is the "Basic Ordinance on Environmental Conservation" promulgated and implemented by Tokyo in 1994. This ordinance explicitly stipulates that residents have the right to a clean environment and also stipulates that all responsibilities and obligations for environmental conservation should be jointly borne by local governments, enterprises and public institutions, and citizens. From the above situation, although Japan's legislative status regarding environmental conservation is relatively complex, authoritative constitutional scholarship in Japan argues that Japan handles environmental conservation by interpreting the constitution, viewing environmental rights as a valuable right derived from human rights. This theory has attracted great attention. Objectively speaking, this theory's approach to handling environmental conservation has at least sufficient justification up to the present, but whether such a handling method is appropriate in terms of the content and methods of environmental conservation in the future remains a question worth serious consideration. This article aims to address these issues and express personal opinions. First, it will briefly outline the relevant discussions on environmental conservation in the context of the Japanese constitution. Second, it will explore what corresponding measures the Japanese constitution should adopt in response to environmental conservation issues.