Legal theoretical Study on the Correlations between the Scientific Assessment System and the Public Interests Estimation System concerning the Development Projects
Grant-in-Aid for Scientific Research (C)
|Allocation Type||Single-year Grants|
|Research Institution||HOKKAIDO UNIVERSITY(1998-1999)|
WATARI Tadasu Hokkaido Univ., Grad. School of Law, Pro., 法学部, 教授 (30125695)
|Project Period (FY)
1997 – 1999
Completed(Fiscal Year 1999)
|Budget Amount *help
¥2,100,000 (Direct Cost : ¥2,100,000)
Fiscal Year 1999 : ¥500,000 (Direct Cost : ¥500,000)
Fiscal Year 1998 : ¥1,100,000 (Direct Cost : ¥1,100,000)
Fiscal Year 1997 : ¥500,000 (Direct Cost : ¥500,000)
|Keywords||Development Project / Environmental Impact Assessment / Assessment focused on a Project / Strategic Assessment / Participation of the Citizens / Public Interests Estimation System / Formation of a Public Consent / 合意形成システム / 公開意見聴取手続 / 公共討論 / 環境影響評価法 / 環境保護 / 合意形成 / 戦略的環境アセスメント / 環境影響評価表 / 環境保全 / アセスメント|
This study shows that The Japanese Act of 1997 on the Environmental Impact Assessment has three fundamental characteristics. First the Environmental Impact Assessment based on this Act is the system for the exchange of informations and opinions upon environmental impacts but not for the formation of a public consent upon a development project. Secondly it is a assessment system focused upon a development project but not on a fundamental planning nor on a basic policy. Thirdly it is a assessment system focalized on environmental impacts but not on socio-economic impacts.
On the other hand, this study shows that the French assessment system for public interests is composed of multilateral procedures:
(1) procedure of environmental impact statement properly so called (etude d'impact) , which is assumed by the developer.
(2) procedure of public hearing (enquete publique) , which is presided by a neutral commission or commissioner and functions as a system of formation of a public consent.
(3) procedure of public debate ( debat public ) , which is performed at an early stage of a project planning concerning especially big development projects inciting much of interests on the national level.
(4)procedure of public negociation (concertation) on the municipal level, which is performed at an early stage of the urban planning or urban transport policy.
According to the French system summed up above, the Environmental Impact Assessment and the participation of the citizens divide into separate procedures, so that the scientific assessment and the formation of a public consent can be worked out sufficiently maintaining their mutual correlations. We have to refer to this separate type of public interests assessment, when we will consider the introduction of a public interests estimation system in the process of elaboration of a fundamental planning or policy.
Research Output (30results)