2004 Fiscal Year Final Research Report Summary
Legal Status of NGO/NPO in Environmental Law and Environmental Suits
| Project/Area Number |
14520064
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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 |
Civil law
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| Research Institution | RIKKYO UNIVERSITY |
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Principal Investigator |
AWAJI Takehisa Rikkyo University, Rikkyo Law School, Professor, 大学院・法務研究科, 教授 (90062653)
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| Project Period (FY) |
2002 – 2004
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| Keywords | Right to environment / Environmental NGO / Environmental NPO / Environmental Group suits / Environmental actions taken by NGO / NPO / Participation Principle / Environmental principles / French Environmental Code / French Environmental Chart |
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| Research Abstract |
1 In this research, first of all were reviewed arguments on the right to environment deployed so far, legal dispositions introduced in actual national 1 aw or local ordinance and present state of environmental law suits. Some local ordinances dispose the right to environment
2 Courts have been denying the right to environment but it seems that their attitudes have been slightly changing.
3 Status of environmental NPO/NGO were investigated in national wide through statistics which had been published by a foundation. They are small in their members and financial scale.
4 The intensive investigation has been realized in Saitama Prefecture and Nagano Prefecture to know the actual situation of NPO/NGOs existing there. They have some participation experiences but there a very few of legal actions which were taken by them.
5 As a comparative study, French environmental law was studied. In French law, environmental associations have been recognized to take legal action since 1970s. In 1990s, the Environmental Law Code introduced in it the einvironmental law principles including the participation principle, precautionary principle and etc. Now Environmental Chart has being enacted.
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