2010 Fiscal Year Final Research Report

Study in the Ground of Injunction? in the Case of Rights Regarding Common Use of the Environment

Research Project

Project/Area Number	20530073
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Kagawa University
Principal Investigator	NAKAYAMA Mitsuru Kagawa University, 法務研究科, 教授 (60093910)
Project Period (FY)	2008 – 2010
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
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.

(3 results)