| Project/Area Number |
10620021
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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 |
Public law
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| Research Institution | Osaka University |
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Principal Investigator |
MURAKAMI Takenori Osaka University, 法学部, 教授 (60033742)
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| Co-Investigator(Kenkyū-buntansha) |
村上 武則 大阪大学, 法学部, 教授 (60033742)
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| Project Period (FY) |
1998 – 1999
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| Project Status |
Completed (Fiscal Year 1999)
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| Budget Amount *help |
¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 1999: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1998: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | public sea / sea / pleasure boats / Regulation of management on sea / house port / port law / floating architecture / Kansai International Airport / 海の管理 / 公物管理 / 広島の海の管理に関する条例 / ハウス・ポート / マリーナ |
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| Research Abstract |
After two years of my research, I could investigate in the first year the real legal problems on sea management by local government and the materials, in the second year I was able to make the theoretical analysis of the problems.
(1) At first I have analyzed the so called "houseport case" that happened in Hiroshima Prefecture, and then in connection with it I have written in detail the real and theoretical questions on the Regulation of Sea Management of Hiroshima Prefecture. Moreover I have enlightened the Regulation of Sea Management of Ehime Prefecture in 1995, the Regulation of Sea Management of Yamaguchi Prefecture in 1998 and the Regulation (also Order) of Sea Management of Osaka Prefecture in 2000. Such research as this seems a quite new aspect of legal problems.
(2) Then as to regulating the pleasure boats which are floating at random on the sea, I appreciated the Regulation of the pleasure boats of Hiroshima Prefecture and the preparation (presentation) of Regulation of pleasur
… More
e boats in Hyogo Prefecture. Furthermore I appreciated the tendency of regulation by the state, which attempts to bring the port law into new systems. I have compared with my research the characteristics of the two different systems between state and local government.
(3) After the research I have appreciated the new second project of Kansai International Airport, by which the part of sea totally is surrounded by artificial land. Could we say, that the part of sea is considered as normal public sea area? I emphasized that it should be without questions public sea area.
(4) Nowadays through the new reform of local selfgovernment law in Japan the relationship between the state and the local government must be regarded as equal. Therefore the system of sea management by local government should be quite different from it in former days. I appreciated the many current examples of sea managements by local entities. The results of my research will be published in "Handai Law Review" as soon as possible. Less
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