Instructions for Preparation of Camera-ready Manuscripts

1 Introduction

We would like to present some legal aspects for discussing "Ecological Preservation and Information" in this symposium. When we discuss “management of coastal area," we know that some regulation need for preventing inappropriate human activities.

When we talk about the information problem, we have to consider what kind of information we need, why we get, when we get, how to get, who get and maintain and how to find new information. We focus two topics, i.e. what kind, who get and maintain.

2 Ecological Preservation and Coastal Management:

We have to find and collect what kind of information we need to know coastal areas. Findings as to study of the coastal area = Defining problems of coastal areas by making a detailed study of the features of coastal areas, including the characteristics of the nature, disasters, social, economic interests, culture and history in coastal areas.

Major Coastal Problems in Japan are followings.

(1) Protection of coastal area from disaster

1) Erosion (by wave, wind, etc.)　

2) Flood (Typhoon, Rainy Seasons, Melted snow)

3) Wind damage

(2) Environmental Problems

Water Pollution, Destruction of Wetland, etc.

(3) Reclamation and other Big Development Projects

(4) Redevelopment of Industries on the Coastal Area

(5) Waste Disposal

3 Freedom of Information: Legal system

Who can get the information and who maintain the information? Central and local government collect environmental information through their activities. And some private bodies also collect.

We talk about the legal system for environmental information. In Japan, we have several kinds of information Acts and plans. These Acts and plans provide who collect, how to collect and when collect.

3-1 Acts

Most of these Acts were enacted by the Diet last ten years. For example, general act for freedom of information system is the Freedom of Information Act of 1999(Law Concerning Access to Information Held by Administrative Organs). Many local governments have freedom of information Ordinances before enacting of central government. This Act and ordinances provide that people can get information from central and local government.

And other important Acts also provide information clauses. Environmental Assessment Act of 1997 is an important act for environmental information and public participation. This Act provides that government, people and applicant can get or collect the information in the making process of the environmental impact statement.

PRTR act of 1999 is important for Pollutant Release and Transfer Register System. The purpose of this Law is to promote the businesses' voluntary improvements in the management of specific chemical substances and to prevent any impediment of environmental protection, by requiring businesses handling such substances to report the release to the environment of chemical substances and to provide technical information on the properties and handling of such substances. While obtaining the understanding of businesses and the public, due attention shall be paid to trends in international cooperation on the management of chemical substances for environmental protection; to scientific knowledge relating to chemical substances; and to conditions relating to the manufacture, use and other handling of chemical substances.

Seacoast Act is basic Act for management of coastal area, and Seacoast Act Amendment provides major reform of management system and added “improving and conserving the coastal environment.”

Seto Inland Sea Act (the Law Concerning Special Measures for Conservation of the Environment of the Seto Inland Sea). Comprehensive measures have been taken under the Seto Inland Act to protect the beautiful Seto Inland Sea. Also in 1978, a legal system limiting total allowable pollutant loads into the designated water bodies was established to improve organic marine pollution in bays and inland seas. This system strengthens conventional concentration-oriented control and has been applied to Tokyo Bay and Ise Bay; in addition to the Seto Inland Sea.

Another legal tool are some plans to promote freedom of information, public participation. "The Grand Design for the 21st Century "(decided by the Cabinet meeting on March 31, 1998) and "Guidelines for Integrated Coastal Zone Management Plans " are good samples. Although Integrated Coastal Zone Management Plans (ICZM plans) don’t have legal enforcement policy, they are expected to be master plans based on consensus of various concerned groups and individuals, making the policies of plans more effective and enforceable.

3-2 Court Decisions Relating FOIA

There are many important court decisions about disclosing ecological information.

In Japan, there are few cases about military affairs vs. ecological affairs, but there are several cases about internal government affairs vs. ecological affairs, or cases relating to protecting administration for natural monuments.

Supreme Court Decisions about Dam site: Kamogawa River Dam Site Case (Supreme Court decision on March 25,1994) denied the disclose of dam site information because these information include information concerning deliberations, examinations, or consultations internal to or between either organs of the public entities that, if made public, would risk unjustly harming the frank exchange of opinions or the neutrality of decision making, risk unjustly causing confusion among the people, or risk unjustly bringing advantage or disadvantage to specific individuals. But Aigawa River Dam Site Case (Supreme Court decision on April 27,1995) held that this information were scientific and objective information and if made public, would risk unjustly harming the frank exchange of opinions or the neutrality of decision making, risk unjustly causing confusion among the people.

Amami no Kuro Usagi Case (Hukuoka High Court, Miyazaki Division decision, April 16,1999 and Naha District Court decision September 29,1997) The issues of this case are whether information about habitat of Amami no Kuro Usagi (Amami black rabbit) are information that concerns the affairs or business conducted by an organ of the public entity that, if made public, by the nature of said affairs or business, would risk, such as protective administration for natural monuments and treasures, causing a hindrance to the proper performance of said affairs or business. Naha District Court held that this information didn’t include such administrative information, but High Court decided that this information included such administrative information.

4 Eco-Management & Audit System

Eco-Management, Eco-Audit System and Environmental Reporting system are the voluntary and positive efforts of businesses and play a significant role in socio-economic activities.

5 Participation and Cooperation

To encourage participation and cooperation of various concerned groups such as the national government, local administrations, private sectors, Non-Profit Organization (N PO), fishermen, local communities is important to good plans and policy making. And collecting proper information is base for participation and cooperation.

6 Conclusions

We have several legal tools to get ecological information, but it is difficult for us to use legal tool because we knew a few court decisions and defects of legal scheme. We know that information is one of the most important tools to protect environment. We have to find appropriate usage of these tools to find and protect ecological system.

REFFERENCES

1) KITAMURA Yoshinobu: Environmental Administration Law by Local Government, (Ryoshohukyuukai, 1997). (In Japanese)