| 英文摘要 |
This Project includes three major parts: (1) analysis and examination of the existing Environmental Dispute Resolution Act(the Act), (2) a comparative analysis of the legislations of environmental dispute resolution in Japanese, US and Germany, and (3) suggestions on amendment of the Act. To be specific, the first part summarizes the context of the existing Act, and focus on the issues related to the scope of applicability, the types of institutes for dispute resolution, the methods and procedures of dispute resolution, the status of the persons involved in the dispute resolution, the system for resolution and arbitration, the inspection of public nuisance, the claims of public nuisance, etc. The second part introduces the resolution systems adopted in Japan, US and Germany, with a focus on the in-charge institutes, the resolution procedures, the development trend, and discussion of the legislation rationales. In addition, the second part also explores the possibilities of adopting the systems used in such foreign jurisdictions, and the pros and cons thereof. After taking into account the possible pitfalls in practice, the inappropriate or missing part of the current legislation, and the possibility of reinforcing the system, the last part presents the following suggestions on amendment of the Act: (1) the constitution of the administrative arbitration committee, (2) the application of resolution process, (3) the persons subject to the resolution and the validity thereof, (4) the status of administrative arbitration committee, (5) the discussion on 2-level systems for resolution and administrative arbitration, (6) the due process rights involving the subject persons shall be adopted in the regulatory regime of the parent legislation, (7) supplementation of the provisions related to interruption of statute of limitation to avoid invalidity of the rights, (8) supplementation of the rescue mechanism, (9) supplementation of the details of resolution procedures, (10) supplementation of the provisions related to summary judgment, (11) supplementation of administrative arbitration procedures, (12) supplementation of the provisions related to the rules of evidence, and (13) supplementation of the provisions regarding procedures for environmental protection agreements. It is expected that both the practice and the theory of Environmental Dispute Resolution Act can be preserved, and the targets including environmental protection, dispute resolution and sustainable development can be reached.
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