2016 Fiscal Year Final Research Report
A Study of Legal Theory About Water Trade System: Theory and Practice for Transferable Water Rights.
Project/Area Number |
26380139
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Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
Civil law
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Research Institution | Soka University |
Principal Investigator |
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Project Period (FY) |
2014-04-01 – 2017-03-31
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Keywords | 水取引 / 水利権の譲渡 / 水資源管理 / 地下水規制 / 水循環基本法 |
Outline of Final Research Achievements |
Japan, at present, has a no water trade system. In theory, this system is based on transferable water rights without legal obstacles. However, in Japan, the transferring of water rights is restrained with difficulty, which is defined as follows. A water right is a legal entitlement authorizing water to be used exclusively and continuously for a specified purpose. This means that the right is restricted to transfer for a specific purpose. If a water right could be re-defined as an entitlement to use only a specified volume of water for a non-purpose, then transfer would be possible with no legal barriers. My assessment is to consider a method making water rights transferable with the exclusion of specific purpose from the definition of water rights.
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Free Research Field |
水法
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