| Co-Investigator(Kenkyū-buntansha) |
TORIYABE shigeru Hiroshima University, Faculty of Law, Professor, 法学部, 教授 (20155609)
TOMII toshiyasu Hiroshima University, Faculty of General Science, Professor, 総合科学部, 教授 (40006466)
MURAKAMI hiroshi Kagawa University, Faculty of Law, Professor, 法学部, 教授 (00136839)
HIROSE hajime Maritime Safety College, Professor, 教授
YOKOYAMA shinji Ehime University, Faculty of Law and Cultural Sciences, Professor, 法文学部, 教授 (70132644)
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| Research Abstract |
A large number of marine gravel has been gathered mainly in the Seto Inland Sea for the use of concrete aggregate and foundations of sea-surface reclamation. Lately, the prefectures surrounding the Seto Inland Sea has been prohibiting the gravel gathering because it caused the deterioration of the environment and fishery resources. Gravel is imported from China, Korea and so on. In consideration of the increase of national demand in each state, it is difficult for Japan to increase the import quantity of gravel, and also the increase of the import quantity threaten to deteriorate the environment in each state. The sea, including marine gravel, is governed by the state and autonomies, and in principle is not the object of private property.
For the sake of the environmental conservation and the coordination of use of waters, it is necessary to make the most of the interpretation theory of the law in force, and also positively develop the legislation policy. In this respect, the Environmental Impact Assessment Ordinance is considerable. On the historical and cultural scenery, the Law for the Protection of Cultural Properties, City Planning Law, Public Waters Reclamation Law and the trend of local residents' campaign are related to each other. In the cause of conservation of proper ecosystem, it is required to strengthen the pressure on the reduction of waste and promote the recycling-based society by explicitly providing the prohibition of reclamation and marine gravel gathering in the Law of Seto Inland Sea. And it is also required to provide the standard of user coordination which gives the first priority to the environmental conservation, the system of public participation which local residents can be involved in the environmental conservation and management. For the achievement of these, it is useful to recognize residents' right of environmental common use.
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