2010 Fiscal Year Final Research Report
Study in the Ground of Injunction? in the Case of Rights Regarding Common Use of the Environment
| Project/Area Number |
20530073
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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 | Kagawa University |
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Principal Investigator |
NAKAYAMA Mitsuru Kagawa University, 法務研究科, 教授 (60093910)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 差止請求権 / 環境共同利用権 / 環境保全 / 海域管理 / 住民参加 / 里海 |
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| Research Abstract |
It should be acknowledged that fishers and citizens have rights regarding common use of waters such as mud flat, and both the State and local autonomous bodies should preserve the environment of waters and adjust their appropriate common use. Fishers and citizens may not only demand participation in the management of waters and publication of administrative information, but also claim for injunction of false decision and management. It emerged by analysis of the judgments which commend injunctions, that the concept of such rights regarding common use of the environment is useful, and the study in the ground of injunction progressed.
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