| Project/Area Number |
16530027
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Osaka University (2005-2006)
Konan University (2004) |
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Principal Investigator |
DATE Noriko Osaka University, Graduate School of Law and Politics, Professor, 法学研究科, 教授 (00261826)
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| Project Period (FY) |
2004 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥2,400,000 (Direct Cost: ¥2,400,000)
Fiscal Year 2006: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2005: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2004: ¥800,000 (Direct Cost: ¥800,000)
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| Keywords | NGO's suit / environmental NGO / cooperation / environmental litigation / administrative litigation / partcitipation / environmental law / public interest litigation / 環境政策 / 環境 / NGO / NPO |
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| Research Abstract |
Public interest litigation in environmental matters has been on the agenda of the environmental law for a number of years. The EC ratified the UN-ECE Aarhus Convention in 1998. The Convention obliges the Contracting Parties to implement information, participation and litigation rights for individuals and environmental associations. As regards the issue of access to the courts, the EC has published a draft Directive on Access to Justice in Environmental Matters and which is now under discussion.
This research focuses on the recent developments and the current situation concerning access to justice by environmental NGOs in environmental matters in Germany. Germany has provided as a matter of law for a very limited access to the courts for NGOs in compared with other european countries. But it is more and more strengthened under the influences of EU laws. It has been proved that the public interest litigation is the efficient method for implementation of environmental laws.
In Japan there has not been any public interest litigation in environmental matters. But the experiences with the public interest litigation in other countries suggested the efficiency of this system for environmental protection. Now it is the time also in Japan to introduce a public interest litigation in environmental matters.
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