2007 Fiscal Year Final Research Report Summary
A Study to Construct the Environmental Law as the Fusion System of State Policies and State Oragnizations
| Project/Area Number |
17530014
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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 | Hokkaido University |
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Principal Investigator |
YAMASHITA Ryuichi Hokkaido University, Graduate School of Law, Professor (60239994)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Public Law / Organization Law / Environmental Law / Protection of the Environment / Circulatory Community / Community Making / Nuclear Power Plant Action / Subject sharing |
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| Research Abstract |
This research aimed to grasp the environmental policy as the fusion system of the other policies and the other organizations and to propose the new environmental law theory and the new environmental organization system.
First this research grasped the circulatory law system and the nuclear law system as a fusion of the environmental policy and the industrial policy. It became clear that in order to accept the change of policy by the citizen and the industry, the fusion of the policies is necessary.
Secondly recently the partnership of the Government, the self governing bodies, the industry and the citizen is emphasized as the subject of the protection of the environment. The present law system is based on the partnership-theory. But I think it necessary that the role of the citizen and the self-governing bodies is important and that the new environmental law policy thinks them as the true subject of it.
Thirdly it became clear that the duty that all policies must consider the protection of the environment can develop the environmental state-theory in Germany. If the law considers the environment too much, the right and the freedom of the citizen will be restricted (Ecological dictatorship). The present government system can not consider the environmental interests of the future generation well. In opposition to this theory, it is proposed that the expansion of the citizen participation in the environmental policy can protect the right and the freedom of the present citizen and consider the interests of the future citizen.
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[Journal Article] System of Waste-Law2007
Author(s)
YAMASHITA, Ryuichi
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Journal Title
YOSHIMURA, Ryochi, et al.(eds.): New Introduction of Environmental Law, Horitsu-Bunka-Sya
Pages: 93-105
Description
「研究成果報告書概要(欧文)」より
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