Japan

• Author: Hana Heineken and Juta Wada
• Pages: 779-799

CHAPTER 39

Japan

HANA HEINEKEN AND JUTA WADA*

I. The Japanese Environmental Law Framework

From the postwar period of the 1950s to the era of rapid growth in the mid-

1960s, Japan’s serious problems with pollution provided the impetus for the

development of key environmental statutes. The most notable cases included

(1) the first Minamata disease incident, caused by mercury poisoning in the

Minamata Bay of Kumamoto Prefecture; (2) the second Minamata disease

incident, caused by mercury poisoning in the Agano River of Niigata Prefec-

ture; (3) the Yokkaichi Asthma incident, caused by sulfur oxide pollution in

Yokkaichi city of Mie Prefecture; and (4) the Itai-itai disease incident, caused

by cadmium poisoning in Toyama Prefecture. The Basic Environmental Law

for Environmental Pollution Control (1967) was established in order to sys-

temically and comprehensively confront these problems.

In the 1980s and 1990s, other problems emerged having to do with qual-

ity of life and the urban environment, the protection of nature, hazardous

waste management, and global environmental issues such as climate change

and marine pollution. The need to address these issues prompted the enact-

ment of the Basic Environmental Law (1993).1

A. The Basic Environmental Law

The Basic Environmental Law is the foundation of Japanese environmental

policy. Its ultimate purpose is “to ensure healthy and cultured living for both

present and future generations of the nation as well as to contribute to the wel-

fare of mankind.”2 It is based on the following principles: “enjoyment and

future success of environmental blessings,”3 “creation of a society ensuring sus-

tainable development with reduced environmental load,”4 and “active promo-

tion of global environmental conservation through international cooperation.”5

*The authors would like to recognize and thank the following individuals for contribut-

ing to the writing of this chapter: Takaaki Kagohashi, Masato Yoshida, Shiho Masumoto,

Satoshi Kojima, Natsumi Kimura, Natsuki Taira, Akihito Kubota, Takashi Mori, Yukiji

Okazaki, Ayako Ichino, Akihiro Shima, and Sayaka Gohara.

779

In order to achieve the above goal and principles, the government is

required to establish a Basic Environmental Plan as a roadmap for compre-

hensive and systematic environmental policy6 and Environmental Quality

Standards consisting of numeric targets.7 Moreover, as a means to achieve

the Basic Environmental Plan and Environmental Quality Standards, the

Basic Environmental Law stipulates, inter alia, the promotion of environ-

mental impact assessments;8 the introduction of economic measures;9 the

promotion of use of recycled resources and other materials, products, and

services that contribute to the reduction of environmental impacts;10 educa-

tion and learning on environmental conservation;11 and the provision of

information.12

Although the Basic Environmental Law is an important law that serves

as a guideline for Japanese environmental policies, it does not clearly stipu-

late the right to enjoy a healthy environment, and includes many aspira-

tional goals that lack legally enforceable standards.

B. Key Environmental Actors

The code of conduct in the environmental sector is largely established by

specific environmental laws enacted by the Japanese legislature, the National

Diet. However, the majority of laws in Japan are based in large part on bills

prepared by the administrative branch (the Cabinet Office and various gov-

ernment ministries and agencies), and results in an administrative branch

with considerable influence over Japanese environmental law.

The laws typically stipulate the respective competent authorities, and

each governmental ministry or agency decides on the necessary administra-

tive orders or regulations (ordinances) based on the law, and implements the

relevant provisions. The Ministry of Environment (MoE) is responsible for

global environmental protection, pollution prevention, nature conservation

and maintenance, and other planning for environmental protection.13 The

MoE, however, does not have sole jurisdiction over all environmental laws.

Other ministries such as the Ministry of Agriculture, Forestry and Fisheries

(MAFF);14 the Ministry of Economy Trade and Industry (METI); and the

Ministry for Land, Infrastructure and Transport, and Tourism (MLIT) may

also have jurisdiction.

Government ordinances, ministerial ordinances, and notices are impor-

tant in the implementation of environmental law. Ordinances are administra-

tive orders or regulations promulgated by the Cabinet Office (government)

or by particular government ministries or agencies (ministerial). Provided

that there exists a legal mandate, such ordinances have the force of law. Sep-

arately, notices are explanations given from a higher-level administrative

agency to a lower-level agency, providing guidance on the interpretation of

ordinances. Notices are not binding on citizens. That said, in practice they

serve as an important guide, due to the fact that lower-level administrative

offices must abide by them15 and the judiciary tends not to provide an effec-

tive check on the administrative branch, as explained below. Licensing and

other approval systems are also important mechanisms for environmental

780 INTERNATIONAL ENVIRONMENTAL LAW