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Environmental Dispute Resolution System in Japan

Environmental Dispute Resolution System in Japan. July 2010 Ｙｏｓｈｉｋａｚｕ　Ｓｕｚｕｋｉ Examiner Environmental Dispute Coordination Commission, Government of Japan. Outline Short History Short History of Environmental Pollution Difficulties in Judicial System to Settle Environmental Disputes

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Environmental Dispute Resolution System in Japan

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  1. Environmental Dispute Resolution System in Japan July 2010 Ｙｏｓｈｉｋａｚｕ　Ｓｕｚｕｋｉ Examiner Environmental Dispute Coordination Commission, Government of Japan

  2. Outline • Short History • Short History of Environmental Pollution • Difficulties in Judicial System to Settle Environmental Disputes • ADR System of Japan • 3-1 Characteristics of the System • 3-2 Organizations • 3-3 Types of Procedures • 4 Conclusion

  3. 1 Short History of Environmental Pollution • Ashio Copper Mine Case (1880s-1970s) ・ First large-scale environmental pollution • High Growth Period (mid 1950s-early 1970s) ・ Four major environmental pollution cases e.g., Minamata Disease case ・ Air or water pollution caused by steel manufacturing, mining or chemical company etc. ・ Aircraft noise at taking off and landing e.g., Osaka International Airport Case

  4. 2 Difficulties in Judicial System to Settle Environmental Disputes • Establishment of cause-effect relationship is difficult. Complexity of the cause of pollution Reluctance of company and government to investigate the cause of pollution Need for knowledge or research of experts and large amount of money • Specifying the detail of damages is difficult. Long duration of pollution Widespread and serious damages

  5. 3 ADR(Alternative Disputes Resolution) System of Japan 3-1. Characteristics of the System (1) Employment of professional knowledge and expertise (2) Fact-finding on official initiatives (3) Quick settlement of dispute (4) Lower-cost alternative (5) Simplified procedure (6) Follow-up system (7) Reflecting the commission’s experience on environmental policies

  6. 3-2 Organizations ● 7 commissioners including a chairman ・ Nominated by the Prime Minister with consent of the Diet ・ Present chairman: ex-Chief Judge of a high court ・ Three of the members (including chairman) have certificate of attorney. ・ One of the members has a certificate of medical doctor ●Assistance of the Secretariat ・Secretariat has 39 personnel including 8 examiners: some of the examiners have certificate of attorney and others have enough experiences as officials at the Ministries of Japan.

  7. 3-3 Ｔｙｐｅｓ　ｏｆ　Ｐｒｏｃｅｄｕｒｅｓ １） Mediation 2） Conciliation ３）Ａｒｂｉｔｒａｔｉｏｎ ４）Ａｄｊｕｄｉｃａｔｉｏｎ a)Cause-effect Adjudication b)Damages Responsibility Adjudication

  8. 3-４ Proceedings (Adjudication) Request of Adjudication on Cause from Courts Filing a case Adjustment of issue technical experts Parties state their allegations and submit evidence Conciliationｂｙ　　ａｕｔｈｏｒｉｔｙ Examination of evidence Fact-finding on official initiatives Termination of oral proceedings Judgment Settlement Sending Award Document to Courts Execution Appeal

  9. 4 Conclusion Strengths of this System • Lower-cost alternative • Employment of professional knowledge and expertise • Fact-finding on official initiative

  10. Thank you very much for your attention! Kitakyushu City , Now. For further information : http://www.soumu.go.jp/kouchoi/english/index.html

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