1990 Fiscal Year Final Research Report Summary
Legal and Economical Study on Coastal Protection and Management
| Project/Area Number |
63041118
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| Research Category |
Grant-in-Aid for international Scientific Research
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| Allocation Type | Single-year Grants |
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| Section | Field Research |
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| Research Institution | Rikkyo University |
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Principal Investigator |
AWAJI Takehisa Professor, Faculty of Law, Rikkyo University, 法学部, 教授 (90062653)
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| Co-Investigator(Kenkyū-buntansha) |
MORISHIMA Akio Professor, Faculty of Law, University of Nagoya, 法学部, 教授 (80022416)
KIHARA Keikichi Professor, Department of General Education University of Chiba, 教養部, 教授 (70143245)
OCHIAI Hitoshi Associate Professor, Fauclty of Economics Doushisya University, 経済学部, 助教授 (40152516)
ABE Yasutaka Professor, Faculty of Law, University of Kobe, 法学部, 教授 (80030617)
ASAMI Yukihiro Associate professor, Faculty of Law, University of Fukuoka, 法学部, 助教授 (00151051)
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| Project Period (FY) |
1988 – 1990
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| Keywords | Coastal Zone / Coastal Zone and Environment / National Trust / Purchase of Land / Easement・Lease / Land Use Control of Coastal Zone / National Park / Coastal Conservation Act |
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| Research Abstract |
Summary of the Research
1. This comparative study project has been done to analyze the legal and economic institutions on coastal conservation and management in the U. S., United Kingdom and France.
2. Legal aspect ; (1) There are two instruments, the instrument of private law on the one hand and that of land use control on the other hand. The use of these instruments depends on ; whether or not a right to the land under sea exists, how legal control to development pressure and investment for the land is, how the taxation to donation is, how land use control is and how compensation is in case of the prohibition of land use. (2) Concerning the purchase method, U. K. system of National Trust is one of the models of those which are founded on private donation, and French Conservatory is a model of public institution. Recently, these instruments work when development's pressure come arises. In the U. S., there are these two types of institutions ; i. e. foundation established to purchase lands to be preserved (Washington D. C.), establishment of the public credits to purchase lands (California). Land easement and land lease is used in U. K. and the U. S. (i. e. California in the U. S. Gower in U. K.). (3) Land use control consists of ; the special institution such as national parks and national reserves on the one hand and the general institution such as urban regulation or POS (plan occupation de sol in France). In this connection, French "pre-emption" system is interesting because it is useful to stop the increase of land price (Languedoc-Roussin developement).
3. Economical aspect ; (1) Each of these instruments will be used in each region and in each case when it is considered to be the best. But in Suffolk in U. K., these instruments may be institutionally integated by the consultation system of three organization ; National Trust and two other public commissions. Mixture of the public interventie and civil law method is worth being studied.
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Research Products
(14 results)
