Japan and the Global Environment 37

JAPAN AND THE GLOBAL dress global warming may be a sign of signif- ENVIRONMENT icant changes to come in Japanese environmental policy. However, international pressure remains on the many environmental issues Japan has yet to resolve, Including Alan S. Miller and Curtis Moore tropical deforestation and financing of Third World development projects that harm the environment. ABSTRACT Japan's environmental policy is most effective when government and industry co- This paper presents some perspectives operate to find technical solutions to envi- on Japanese international environmental ronmental problems. Although In recent policies. The first section reviews domestic years Japan's energy consumption has risen factors, Including the role of environmental sharply, the Japanese have developed nu- values, the influence of the Japan Environ- merous technologies to reduce pollution ment Agency (JEA), the influence of women and Increase economic growth by improving on environmental policy, and prospects for a energy efficiency. It Is In these technologies stronger environmental lobby. The second that Japan has made the greatest strides and section describes some evolution in Japan's has the most to offer the global environ- policy toward addressing specific interna- ment. tional issues and suggests factors likely to shape future policy development .in this area. Finally, the concluding section fo- I. AN OVERVIEW OF ENVIRON- cuses on the relationship between Japan's MENTAL POLICY IN JAPAN energy and environmental policies, noting in particular the remarkable technological Inno- A. Environmental Values InJapan vation of Japanese industry in response to domestic pressures to control air pollution It is generally thought that the Japanese, and improve energy efficiency. because of their religious beliefs, value nature much more than Westerners, a cultural INTRODUCTION stereotype that has some historical basis. Joseph Kitagawa notes in his book On Un- Inmany areas, the word most often used derstanding Japanese Religion: to describe Japanese policy is "enigma." In some ways, Japan's record on environmen- Japanese Buddhism affirms the tal policy also has elements of mystery and sacrality [sic] of the world of nature. contradiction. On the one hand, Japan's his- This feature is probably the most tory and culture often are associated with a basic to the Japanese Buddhist un- reverence for nature. Indeed, Japan does derstanding of reality.1 lead the world In certain environmental areas, such as reduction of conventional air pollutants and compensation of air pollution ALAN S. MILLER is the Executive Director of the victims. On the other hand, Japan has been Center for Global Change, University of Maryland widely criticized for its poor record in preserv- at College Park. Ing Its domestic environment, contribution to tropical deforestation, and unwillingness to CURTIS MOORE is an environmental attorney, protect endangered species. analyst and writer based in McLean, Virginia. He served for eleven years as a consultant to the United States Senate Committee on the Environ- Today, the international community ment and Public Works. clamors for Japan to take its share of responsibility, as an economic superpower, for The Authors would like to thank Harumi Befu, Mi- the global environment. To secure its place wako Kurosaka, Pat Murdo, Richard Forrest, In world affairs, Japan slowly has begun to Martha Harris, Margaret McKean and Jennifer respond to this pressure on issues ranging Whitaker for their comments on the draft of this from Ivory importation to reduction of CFC paper. The authors also gratefully acknowledge emissions. There Is some hope that the research and writing assistance by Susan government's particular willingness to ad- Conbere. ENVIRONMENTAL LAW & POLICY FORUM

Edwin Reischauer adds in The Japanese: There is a huge parking area with shops, restaurants, horses to ride Early Shinto centered around the and photographers. Coachloads ar- animistic worship of natural phe- rive, crowds emerge and Immedi- nomenon-the sun, mountains, ately line up to have their pho- trees, water, rocks, and the whole tographs taken ....(Wjhen the sun process of fertility.2 lights Fujisan It reveals the tin cans and other rubbish left behind by the In the Judeo-Christian visitors who had come to see tradition, man was 8 placed above and apart from the rest of na- Japan's symbol of ultimate purity. ture at creationl.3 In contrast, Shinto and Buddhist beliefs maintain a reverence for In a 1989 fourteen-natlon survey com- natural things and view the entire4 universe- missioned by the United Nations Environ- animate and inanimate-as one. ment Programme ("UNEP"), only 44% of the Japanese public polled expressed a willing- Japan and the United States begin with ness to contribute money or labor to Improv- different views of nature, which has had pro- ing their environment. Other nations In the found effects on their respective environ- survey expressed a 60% to 100% willing- mental policies. Localized opposition move- ness to contribute to betterment of the envi- ments protested against continued pollution ronment. Although they expressed great in Japan at least as far back as the late nine- apprehension about global climate change, teenth century, but pollution only became a Japanese respondents cited polluted drink- national issue with the mercury poisoning at ing water as their foremost environmental Minamata and air pollution lawsuits against concern, followed by the pollution of lakes 9 major industries in the 1960s.5 In the United and rivers. However, In a country where States, however, environmentalists have pollution has had devastating effects on focused on conservation of the wilderness human health, the Japanese believe far less since the nineteenth century; Americans often than respondents from other nations assign strong symbolic and cultural that environmental deterioration threatens significance to their national parks. The public health. Japanese hold more utilitarian views, con- sidering nature a resource for humanity to B. Lack of a Strong Citizen's Lobby enjoy.6 The management of Japanese national parks generally is oriented toward facili- The modern Japanese environmental tating maximum visitation and recreational movement began in the early 1960s with activity, possibly including resort develop- anti-pollution citizen movements that op- ment. The Shiga Heights area, home for posed crippling and even lethal industrial tribes of mountain monkeys, had one hotel pollution. These anti-polluion movements before designation as a national park. As of had a significant impact on the government's 1987, "ilt now has twenty-two ski resorts overall environmental policies. The govern- and 101 hotels."7 ment tightened environmental regulations significantly and in some areas, particularly In the United States there is a great deal control of traditional air pollutants, Japan be- of public support for protecting even the came a world leader. However, in contrast to remote parks of Alaska, although few Amer- experiences in the United States and Eu- icans expect to go there and the land may rope, Japanese environmentalists have contain substantial oil reserves. In contrast, failed so tar to build a strong national move- threats to the forests of Hokkaido and the ment able to influence the national political coral reefs in Okinawa, both of which the agenda. The UNEP poll showed that most average Japanese is likely to visit, evoke Japanese do not believe voluntary agencies much less concern in Japan. Perhaps the or community organizations in Japan play an most glaring example of this lack of concern important part in resolving environmental is Mount Fuji, revered for centuries in problems, which they view as the responsi- Japanese paintings and poetry. The land- bility of the government. Onlj 26% of scape of the mountain today reveals a Japanese respondents, compared to 80% different attitude among the Japanese to- to 90% of other respondents, expressed ward nature: support for leaders of such organizations.10 Eugene Linden of Time Magazine notes, JAPAN AND THE GLOBAL ENVIRONMENT 37

[i]f anything will hold back progress The feeling that the government is too [on environmental issues], it will be big to fight contributes to the prevailing pub- Japan's lack of environmental ac- lic apathy about the environment,1 8 and the tivists and experts. Only about inaccessibility of important government 15,000 Japanese-most of them documents reinforces this perception. The bird watchers-belong to conserva- national government has no Freedom Of In- tion groups, and the country does formation ("FOI") Act. Some towns and pre- not have an extensive network of fectures do have FOI ordinances, but these environmentalists, like those who often unduly limit access to information. Ac- monitor policies in the United States cording to the Japan Times, "[p]oliticians and Western Europe." have begun to define as public documents only those papers that have been officially A brief examination of the Japanese en- stamped by a set number of officials. Bu- vironmental movement's evolution will eluci- reaucrats have learned to avoid stamping date Its current status and prospects for sensitive documents to keep them out of change. The first environmental activists public hands." An environmental protection were pollution victims and their families, and12 committee in the town of Oiso that opposed others who lived in contaminated areas. the construction of a chemical research labo- They organized in response to local prob- ratory by the Showa Denko company was re- lems, which were often health or nuisance fused access to municipal and prefectural related (for example, noise levels). While data on the project. The committee also was these efforts often provided relief, they did denied the town mayor's letter to the com- not lead to larger coalitions of similarly af- pany, urging Showa Denko to approve the fected parties or provide the basis for a na- project quickly, presumably to head off local tional environmental movement. 13 Indeed, opposition. In another case, the Japanese as Frank Upham argues, the creation of dis- Citizen's Movement for a Freedom of Infor- pute resolution procedures and an adminis- mation Law finally obtained data on Japa- nese nuclear trative system for compensating victims 4ef- reactors through the United fectively preserved bureaucratic control.' States Freedom of Information Act, having been denied the information from the Environmental groups became notably Japanese government. The government less active and influential after the early provides such information to the United 1970s as public attention shifted toward the States Nuclear Regulatory Commission but oil shocks of 1973 and national political not to Japanese citizens. Fortunately, some scandals in the Tanaka administration.' s The LDP members are pushing for an FOI law. environmental movement was unable to Several factors, including United States establish an effective bureaucratic foothold pressure and support from the Japan Com- mittee for Economic Development, work in despite the creation in 1971 of an environ- 9 mental agency with its own minister (see favor of the legislation's passage.' section D). For example, neither the citizen's movements nor JEA could persuade As discussed in Section E, there are the Diet to pass a general environmental im- some signs of change in the public's attitude pact assessment bill. The courts, which had toward the environment. provided environmentalists with a series of Important victories in the 1960s, also re- C. The Influence of Japanese Women on treated in several major cases that could Environmental Policy .have provided an avenue for environmental 6 litigation on a wide range of issues.' Al- Women composed the largest numbers though the outcome of the pollution trials of in the anti-pollution movements of the the 1970s generally favored plaintiffs, court 1960s and 1970s and have provided much decisions of the 1980s tended to favor7 of the leadership for the anti-nuclear move- government and industry defendants.' ment of the 1970s and 1980s. 20 it may be The movement continues to face opposition that women are accepted in Japanese soci- from Industry, government, and the ruling ety as environmental activists because they Liberal Democratic Party (LDP). generally are viewed as caretakers of family and community. 38 ENVIRONMENTAL LAW& POLICY FORUM

2 7 Housewives belong in large numbers to constitute a majority of the electorate. It the neighborhood women's associations, may be that widespread opposition to the called Fujinkai, to the larger Shufuren, the LDP in 1989 spurred the election of several Housewives' Association, and to the Japa- women to the Diet. However, it Is likely that nese League of Women Voters. Chifuren, Japanese women will continue to wield their the largest women's organization, is an um- greatest political Influence in the voting brella organization that channels volunteer booth. Exit polls from 1989 show that work to women through the Fujinkal. Chi- women overwhelmingly joined men to ex- furen members frequently have addressed21 press their dissatisfaction with Prime Minister environmental issues on the local level. Uno, linked to a sex scandal, and the LDP's Today's women's groups focus less on pol- 1989 consumer tax.28 Some observert lution and more on dangerous and over- conclude that the Influence of Japanese priced consumer goods. Chifuren success- women on politics is on the rise, but as one Japanologist said, "When you start low, fully fought against dangerous food addi- 9 tives, for consumer labeling on fruit juices, there's only one way to go."2 and for lower-priced televisions and cosmet- ics in the 1960s and 1970s. 22 Having met D. The Role of the Environment Agency some of its initial goals, the organization 2has3 been noticeably less active in the 1980s. The Japanese Diet established the Japanese Environment Agency (JEA) In Today, because of advances in time- 1971, largely In response to pollution vic- saving goods for the home, housewives tims' demands that the government take a have even more leisure time to devote to more responsible approach toward the envl- community service and political activity. Karl ronment. The agency's mandate Is to coor- van Wolferen, author of The Enigma of Japa- dinate and administer programs to prevent nese Power, calls Japanese housewives 2"a4 environmental pollution and to protect na- potentially important political presence." ture.30 JEA has limited authority over a wide Their recent political history indicates that if range of environmental law, including women's roles change in Japan, they are pollution control for Individual factories, toxic likely to have greater influence over envi- wastes, and the, regulation of sewage, waste ronmental policy. disposal, marine pollution, and agricultural chemicals. 31 JEA also manages Japan's Today, however, Japanese women national parks. "have a lower political profile than in almost any other democratic country."2s It is unclear Although JEA provides an Important fo- whether women are gaining greater status; cal point for environmental advocates and their environmental impact may be minimal analysis, the agency has much less power for some time to come. In 1989, Prime than the Ministry of International Trade and Minister Kaifu appointed two women-an Industry (MITI) and other established agen- unprecedented number-to his Cabinet at a cies with missions to bolster economic time when the LDP was least popular with growth. 32 Some scholars include JEA female voters. One appointmentwas Mayu- among the "relatively Ignored structures of 33 mi Moriyama, a leading Diet member el- Japanese politics," and many believe34 that evated to chief cabinet secretary. Following JEA cannot afford to offend industry. his successful reelection in 1990, however, Kaifu replaced both women with men. Mrs. By the early 1980s, paralleling develop- Moriyama protested that she had been used ments in United States environmental poli- to attract the female vote28 and dropped when tics, the environmental agenda lost some of the election was over. the political support it had attained In the previous decade. The government suc- Surprisingly, there are fewer women in cessfully campaigned to reduce public con- the Japanese Diet today than in the 1950s. cern over pollution, noting reductions In the (It should be noted, however, that there are levels of sulfur dioxide, nitrogen dioxide and far more women per capita in the Japanese photochemical smog, but downplayed prob- Diet than in the United States Congress.) lems with toxic wastes and chemicals, In- Although more women than men vote in cluding dioxin, water pollution and contam- Japan, "... few women run for election and ination of drinking water.35 Japanese par- still fewer win, in spite of the fact that women ticipation In international environmental ne- JAPAN AND THE GLOBAL ENVIRONMENT 39 gotiatlons was, and continues to be, domi- E. Recent Developments in Environmental nated by economic ministries. Activism in Japan

The environmental budget grew steadily Important indicators of new interest in during the 1970s, but MITI and the Ministry conservation and wildlife protection may be of Construction, rather than JEA, received recent environmental protests opposing much of this funding. Industrial pressure several dams, an airport project in Okinawa forced JEA to reduce some emission control that threatens a coral reef, and housing for standards 36 and cut certain programs insti- United States military personnel in the Ikego tuted In the 19703 to strengthen environ- forest. mental administrations in cities and prefec- 3 7 tures. Due to opposition from industry and During 1989, campaigns were mounted other ministries, JEA most notably failed to to halt construction of dams on the Kamo persuade the Diet to pass environmental River in Kyoto, the Shimanto River in impact legislation, a priority for the agency Shikoku, and the Nagara River, running from since the early 1970s. JEA proposed but the Japanese Alps to Ise Bay.41.4 2 The battle failed to pass environmental impact laws five for protection of the Nagara in particular has times by 1980.38 A cabinet resolution finally become a major organizing issue.43 The Implemented a weaker Impact requirement in proposed dam will kill most of the river's sixty 1984. species of fish, including a species of trout called ayu, a delicacy for which the river is Despite its weaknesses, JEA is gradually known. The Nagara is the only river where becoming a more established and accepted enough ayu exist for cormorant fishing, a part of the government. Until the 1980s, unique sport under the patronage of the Im- former members of MITI and the Ministry of perial Household Agency since the Meiji Finance composed most of the agency's Restoration. 44.45 'Tradition still holds that senior directors. Many JEA officials retained part of the first catch each season lands on their old allegiances, anticipating that they39 the Emperor's table. Because of this legacy, would return to their previous agencies. the Nagara River is one of the cleanest rivers Today, however, many JEA officials expect running through a major urban area in Japan to finish their careers there. Moreover, in the today, and one of the last major rivers not to annual contest among government agen- be dammed." 46 cies to recruit top graduates from Tokyo Uni- versity, a growing number have made JEA Despite vehement public opposition, their first choice. dam construction began in July 1989. Sev- eral critics submit that the government has Absent a shift in national values toward an unstated reason for continuing with the environmental protection, JEA's biggest project. The dam, they charge, would help problem may be the lack of an organized alleviate international (primarily United environmental movement that forcefully can States) pressure on Japan to increase its counter the tightly organized industrial spending on domestic projects and employ lobby. In the mid-1980s, industry argued more foreign goods and services.47 that Japan had reduced air pollution so effectively that emissions no longer signifi- When local issues did not attract much cantly contributed to health problems. In- national attention, environmental groups dustry successfully lobbied the government found it easier and more effective to solicit to amend its pollution compensation system help from abroad than rely on Japanese to halt all new designations of air pollution support to protest government policies. In "victims." This system, which compensates these cases, foreign pressure has benefit- people suffering health problems from air ted the environmental movement. 4° For ex- pollution, Is unique to Japan. Environ- ample, Japanese conservationists solicited mental opposition was too weak and the help from foreign scientists and international amendments were enacted in September environmental organizations to protect a rare 1987. coral reef off the Island of Ishigaki in Okinawa where an airport was planned.48 The government later moved the construction site to a nearby location. 40 ENVIRONMENTAL LAW& POLICY FORUM

In another instance, environmentalists nesses of Japan's environmental record and entreated American officials and environ- suggest indications of change that give mental groups to oppose a Japanese gov- hope of a broader and more forward-looking ernment plan allowing the United States environmental policy in the future. military to build housing for its personnel in the Ikego forest near the town of Zushi. The II. THE EVOLUTION OF JAPANESE Natural Resources Defense Council made POLICY TOWARD INTERNATIONAL efforts on their behalf. The issue even generated a letter from the head of the ENVIRONMENTAL AGREEMENTS Smithsonian to the Secretary of Defense asking why the United States government With few exceptions, Japan has been was building housing in an environmentally slow to recognize and respond to Interna- 49 tional environmental problems and agree- sensitive area. Ikego shelters a number of 5 3 endangered species and is one of the few ments. Local concerns historically have forests still standing in the Tokyo area. Sup- taken precedence over International envi- port for the forest's preservation was so ronmental issues. This is due In part to the strong that a head of the opposition move- history of the anti-pollution movements. ment defeated Zushi's pro-housing mayor in Pollution victims had a war to wage at home the latter's 1986 bid for reelection.50 and had neither energy nor resources to address international issues as well. However, a July 1990 poll conducted by the Prime There are indications of growing public Minister's office found that almost 60% of re- and corporate interest in global environmen- spondents believe that the government's tal issues. A new environmental fad has first priority should be preservation of the flourished favoring sprays that do not con- global environment, particularly protection of tain chlorofluorocarbons, biodegradable the ozone layer and tropical forests, and re- plastic shopping bags, a new brand of beer 5 4 called "Suntory is Thinking About the Earth," duction of C02emlsslons. These results and clothing with wildlife pictures on them.5' contrast with a previous poll released by the In Osaka and Tokyo in 1989, citizen same office in February 1989, In which only conferences on the international envi- one-fifth of respondents indicated a strong personal interest In global environmental Is- ronment attracted considerable public inter- 55 est and media coverage. A government- sues. Growing domestic concern for the sponsored conference on the environment global environment, combined with pressure that was closed to the public provided the from abroad, has forced the Japanese gov- impetus for these citizen meetings. Over a ernment to reconsider its position on many thousand people, many of them students environmental issues, Including driftnets, endangered species, and global atmo- and housewives, attended the Osaka 55 meeting. Similar meetings have been held spheric pollution. in the past, including several on tropical rain- forest issues, but none have been nearly so A. Driftnets large. Of all nations, Japan has the largest 57 On the corporate level, a 1990 Japan driftnet operation for fishing. Squid and Economic Journal survey found that sixty of tuna fishermen cast these huge nylon nets 113 major companies had established or that cover an area of ocean up to 40 miles planned to establish environmental commit- wide and 40 miles deep. Environmentalists have called driftnet fishing "aquatic strip tees or sections. In response to increasing 58 pressure from American and European envi- mining" because the'nets, set out over- ronmentalists, most of Japan's largest trad- night, randomly kill porpoises, seals, sea tur- ing companies have created environmental tles, sea birds, and other marine animals. sections. They apprise the firm of tighter United States, Soviet and Canadian fishing industries also complain of the massive loss domestic and international environmental 59 standards, help improve its image, and find of sea trout and salmon. In 1989, Japan agreed to have American and Canadian business opportunities for new5 2environmen- tal technologies and products. observers aboard some of the 460 Japanese squid boats to determine the In the remainder of this report, we focus number of sea animals being killed.60 in more detail on the strengths and weak- JAPAN AND THE GLOBAL ENVIRONMENT 41

In 1989, fifteen countries in the South C. Global Atmospheric Pollution Pacific called for a total ban on driftnet use. Japan subsequently implied that the move In September 1987, more than twenty might jeopardize Japanese aid and trade to countries signed the Montreal Protocol on these countries, a form of "checkbook diplo- Substances that Deplete the Ozone Layer, macy" that provoked an Immediate negative agreeing to reduce CFC emissions by 50% response. 61 On September 19, a subcom- over the next decade. Japan, which con- mittee of the United States House of Repre- sumes more than 10% of the world's CFCs, sentatives approved legislation to ban drift- opposed the treaty until only a few months nets worldwide. Japan then announced its before its conclusion. Japanese industry Intention to reduce the number of ships was skeptical, environmentalists were largely permitted to use driftnets by two-thirds.62 In uninvolved, and government research was July 1990, the Foreign Ministry announced limited. that the government would suspend drift net fishing In the South Pacific for the 1990-91 Ultimately, Japan took action largely be- season. The suspension, beginning in cause the United States and Europe had November, will last until "regulatory agreed to do so, and because non-signato- measures 6for3 drift net fishing are ries risked adverse trade consequences established." designated in the Protocol and in several bills pending in the United States Con- B. Endangered Species gress.69 Once Japan did agree, however, it moved quickly to implement the agreement. Japan has been the largest ivory im- MITI requested several million dollars for FY 7 ° porter, accounting for 38% of the world's to- 1990 to develop CFC substitutes. Several tal. In June 1989, MITI announced an ivory Japanese automakers promised to phase- Import ban from September 20 through the out CFCs in automobile air conditioners by end of 1989. The move followed bans by 1993.71 Japan supported an accelerated several European countries and the United and complete international phase-out of States to save the African elephant from CFCs adopted in June 1990. extinction and preceded the probable signing of a worldwide agreement. 64 On Unlike its response to most other envi- October 30, 1989, the Japanese ronmental issues, Japan has shown rela- government announced a total ban on ivory tively quick progress in supporting measures trade.65 to prevent global warming. Japan announced in June 1990 that It will stabilize its The ivory ban is suggestive of the grad- CO 2 emissions by the year 2000 "at the ual change in Japan's attitude toward en- lowest possible level." The government's dangered species. In 1980, Japan signed announcement also included proposals for the Washington Convention on International increased research and monitoring of climate Trade in Endangered Species of Wild Fauna change and the development of technolo- and Flora, but had more exemptions to the66 gies transferable to other countries to facili- agreement than any other signatory. tate global reductions in greenhouse Some of those exemptions, particularly on gasses.72 whales, remain the subject of severe international criticism. However, in 1987, Japan The June proposal triggered a debate enacted a law on the domestic trade of en- between MITI and the Environment Agency dangered species to enforce the Conven- 6 7 concerning Implementation of the "lowest tion within the country. Also since 1987, possible level" target. MITI had projected a Japan has agreed to prohibit imports of the 16% increase In CO2 emissions by 2000, green sea turtle, the musk deer and the despite rather optimistic assumptions about desert monitor lizard. Japan has responded the availability of additional nuclear power. so slowly to halting this trade in part because Japanese utility companies expressed con- MITI, the ministry most interested in eco- cern about the technical feasibility of CO2 nomic development, has delayed limiting the limitations in the face of rapid growth In de- imports of some endangered species.6 mand and limited supply alternatives.73

On October 23, 1990, the Japanese government approved an "Action Plan to Ar- 42 ENVIRONMENTAL LAW & POLICY FORUM rest Global Warming," setting the target of activity in coastal areas results in approxi- stabilizing carbon dioxide emissions at the mately 90% of Japan's GNP, a sea-level rise 1990 level by the year 2000. The an- due to global warming could7 have serious nouncement was accompanied by a detailed consequences for Japan list of measures to achieve the target including improving energy efficiency, promoting D. Foreign Aid tree planting, and educating the public. The targets, however, are not binding or en- Growing international pressure has forceable should the programs prove to be 74 forced Japan to assume more responsibility inadequate. for the global environment. With nine of the world's ten largest banks In 1989, and 53 of Several American environmental groups the world's 100 largest companles,78 Japan have expressed concern that Japan's green- is now the leading financial contributor to house gas emissions will increase in developing countries. 79 However, much of response to the United States-Japanese Japan's aid is tied, devoted to infrastructure Structural Impediments Initiative ("SI"). The projects, such as mining operations, in- initiative, intended to reduce trade friction tended to benefit Japan. between the two countries, calls for infra- structural improvements and promotion of The Ministry of Foreign Affairs states that leisure activities in Japan that will lead to the Japanese government has made "con- greater general consumption, and therefore75 tributions to the globe a national goal." may increase greenhouse gas emissions. Further, "Japan should take Initiatives In the development of international strategies and systems to support remedial efforts In ... Japan accounts for about 5% of the protection of the ozone layer, global warm- world's CO 2 emissions, following the United ing, protection of tropical forests, prevention States, the Soviet Union and China.78 Japan of desertification, elimination of acid rain, has been well-represented and active at the land] protection of endangered wildlife principle governmental meetings on climate species."80 To combat its image as being change. With the support of the Prime Min- internationally irresponsible, the Japanese ister's office, the Japanese government government aimed to double Its giving in hosted a major international meeting on the United States dollars between 1986 and 81 global environment in September 1989 in 19 9 0 . It met this goal by 1989, and also Tokyo. MITI, the Ministry of Transportation, reached its five-year target of providing $40 the Science and Technology Agency and billion (United82 States) in development others have made large funding requests for assistance. global warming research. Industry is well-in- formed about global warming. Manufactur- The Official Development Assistance ers see potential market opportunities In ("ODA") budget recently has grown consid- environmental regulation, such as increased erably-6.5% between 1987 and 1988 and sales of fuel cells. an additional 7.8% between 1988 and 1989. The 1989 budget totalled $11 billion, $2 bil-83 A 1989 JEA report described climate lion more than the United States budget. change as a serious threat to Japan's import In 1989, Japan planned to allocate approxi- supply and suggests some understandable mately $2.25 billion In environmental aid self-interest motivating Japan's growing at- alone over the next three years.8 Japan will tention to global warming. Japan is highly give Mexico $1 billion in credits over three dependent on foreign oil, timber and some years to fight air pollution.8s food staples such as soybeans. Thus the impact of climate change on foreign markets Despite these Increases, a 1989 World greatly concerns Japan. For example, the Wildlife Fund report (Timber from the South 1973 drought in the Soviet Union led that Seas) charges that Japan's percentage of country to increase its imports of United aid still lags behind that provided by most States wheat, which resulted in higher prices members of the Development Assistance on the world market. Also in 1973, a poor Committee ("DAC") of the Organization for harvest of sunflowers in the Soviet Union Economic Cooperation and Development and of peanuts in India led to panic in the ("OECD"). Japan ranks fifteenth among the Japanese soybean market. Since economic eighteen member nations. DAC countries JAPAN AND THE GLOBAL ENVIRONMENT 43

aim to contribute 0.7% of their Gross Do- to finance Japanese corporations intending93 mestic Product ("GDP"), while Japan do- to gain a foothold in markets abroad. nated only 0.31% of its GDP in 1988. How- ever, for 1988-1998, Japan plans to in- For example, JATAN, the Development crease the proportion of aid as a percentage and Cooperation Program, has subsidized of GDP to 0.35% and to increase giving to the clearing of roads for logging by Japa- $50 billion.88 nese companies in developing countries. On the island of Sarawak, those companies According to Timber from the South used the roads for timber exploitation, which Seas, a central problem with Japanese de- destroyed the 9centuries-old4 habitat of the velopment ald is that no single administrative Penan people. body has the experience or the authority to supervise all of the development pro- Few of the problems the Japanese de- grams.87 Moreover, there Is no general law velopment program faces are unique. No on foreign aid that would help the many aid one body coordinates environmental policy institutions coordinate their efforts.8 8 While or provides overarching environmental the Ministry of Foreign Affairs is the official guidelines for the United States government coordinating body, numerous ministries and either. The United States Agency for Inter- agencies are involved in the decision making national Development (AID) also has con- process. Japan International Co-operation tributed billions of dollars to environmentally Agency, the Overseas Economic Coopera- destructive programs, like the early 1980s tion Fund, the Ministry of Agriculture, AID program to construct dams in Sri Lanka, Forestry, and Fisheries, and the Ministry of which later inundated forests and tea farms. Finance each participate in some aspect of AID began to assess the environmental im- project selection, definition, appraisal, moni- pacts of its projects after several such envi- toring or funding. As a result, implementa- ronmental catastrophes. However, other tion, appraisal and monitoring of on-going United States Executive Branch agencies projects and evaluation of finished projects involved In development assistance do not is poor.89 yet require environmental impact assessments. Agencies like the United States Because many development offices are Treasury Department that administer United new or growing, they often are inexperi- States lending to the World Bank and other enced and have yet to gain the stature of international lending institutions only have other long-time administrations.90 Many aid begun this process.95 agencies are severely understaffed. Richard Forrest of the National Wildlife Federation As discussed above, Japan's aid policies notes that although the Japanese will evolve as It establishes a position In in- government prides itself on the small size of ternational affairs commensurate with Its new its bureaucracy, this "... would not seem to economic power. By some accounts, be an asset for the world's largest and fastest "Tokyo's hesitation to act has less to do with growing development financing program, an insider's lack of concern for the outsider's which needs careful control and monitoring. problem and more to do with never before There are reports that Japan cannot even being faced with a leadership role In these disburse all of its promised ODA budget ev- areas."96 ery year, much less study in detail the effects of the funding, due of a [sic] lack of staff."9' E. Tropical Deforestation: A Case Study of Moreover, Japanese officials and ministers Evolving Japanese Policy are not always apprised of how ODA funds will be used-further evidence that Japan's Tropical deforestation is one of the in- aid programs are inadequately supervised. ternational environmental issues of greatest The government also does not require envi- relevance to Japan. In 1987, forests cov- ronmental impact assessments of its own92 ered 25 million hectares, or 66%, of its land programs or those of the private sector. surface, which means that Japan is still ODA only recently initiated environmental among those countries with considerable policy guidelines for its assistance. Envi- forestry resources.97 However, the Japa- ronmentalists fear that inadequate supervi- nese timber industry logs relatively little sion and evaluation will lead the government domestic timber. Officials assert that most of Japan's forests are on mountainous terrain 44 ENVIRONMENTAL LAW& POLICY FORUM

(and therefore expensive to harvest) and do exporting nations, particularly since they are not provide the hardwoods most wanted to increasingly taking control of harvests and meet the growing demand for building mate- processing in order to export more high- rials and furniture. However, some foreign value wood products and fewer logs. authorities challenge these arguments, noting that some of the tropical forests There are some indications that the Japan logs are equally mountainous. Japanese government is becoming more sensitive to tropical deforestation. In re- Unlike most other international environ- sponse to White House inquiries, Japan ag- mental issues, tropical deforestation has at- gressively denied official support for con- tracted modest public interest in Japan, and struction of a highway in the western Ama- an active citizen organization addresses the zon, but the possibility of unofficial private issue. The Japanese government also has support remains. Deforestation Issues also taken a more active role than it has toward were highlighted in the Environment Agen- other international environmental issues, cy's 1988 White Paper on the international providing a secretariat for the International environment and at the September 1989 Tropical Timber Organization (ITTO) in Yoko- Tokyo conference on environment and sus- hama. tainable development. Japan has been the world's leading The Japanese Environment Agency tropical timber importer since the 1960s. claims that its International efforts will Include Economic growth has fueled much of this "protection of the environment In develop- enormous timber and paper consumption. ing countries," and particularly the protec- The high price of indigenous timber, easy tion of tropical forests and the ozone access to inexpensive Southeast Asian layer. 01 Prime Minister Kaifu has pledged wood, and the high quality of tropical hard- part of Japan's three-year $2.1 billion envi- woods makes them especially attractive. As ronmental aid package to tropical ralnforest the World Wildlife Fund argues, however, preservation.)0 2 Responding to accusations "[a]lternative materials exist, are already in that grants sometimes have supported use, and are assuming a growing impor- environmentally destructive activities (for ex- tance."98 ample, logging roads have reportedly been built with foreign aid funds), Japan recently A September 1989 report by the Min- took steps to apply environmental require- istry of Foreign Affairs downplays Japan's ments to foreign aid programs.1 03 The role in tropical deforestation, asserting that Foreign Ministry has also requested about Japan imported only 1% to 2% of tropical $30 million in aid funds for ITTO programs on hardwoods in 1986 from Central and South forest opreservation4 and technical assis- America and Africa, and only 2% of its tropi- tance. cal timber from other Asian countries. The report argues that exports contribute very lit- These financial contributions may be tle to the total deforestation problem: "The part of a policy designed to promote tropical main cause of deforestation is the destruc- forest preservation while allowing growing tive slash-and-burn method of agriculture hardwood imports. While seemingly Incon- that poor farmers in developing nations use sistent, this approach is similar to that of to maintain their lives.'99 many developing countries which assert some commercial logging is essential to While the government may be correct economic growth and consistent with "rea- when viewing the problem globally, it does sonable" conservation goals. 05 As de- not effectively respond to concerns about veloping countries Increasingly seek to con- the impacts of extensive logging in particular trol the use of their resources, technical as- areas. Commercial stands are being de- sistance and multilateral pressure for struc- pleted worldwide: currently, thirty-three de- tural reforms may be the most effective veloping nations are net exporters of forest levers industrialized countries can use to products; by the year 2000, fewer than ten promote tropical forest protection.'9o such nations may exist 10o0 The more difficult issue may be what role Japanese firms, and Some Japanese industrialists and indirectly the Japanese government, should traders realize that they cannot count on take in demanding better management by tropical timber Imports indefinitely and ac- JAPAN AND THE GLOBAL ENVIRONMENT cordingly have begun to prepare for the fu- GNP grew 63% while energy demand grew ture. The government and forestry industry only 6.40/%.108 In addition to a high tax on have sponsored research on technologies gasoline, incentives for specified conserva- and products based on greater use of soft- tion investments included accelerated de- woods for some time. The logging traders preciation or tax credits, reduced property also have given token amounts ($71,000) to taxes, and loans. Small businesspersons help protect the rain forests. can obtain energy audits at no charge, and all factories above a minimum size must have III. ENERGY AND a licensed energy engineer on site to pro- ENVIRONMENTAL POLICY mote energy efficiency. Minimum efficiency standards also apply to some industrial pro- cesses, buildings, automobiles and appli- Although weak concerning conservation ances, supported by consumer labeling.10 9 of nature, Japanese environmental policy excels in an area the United States does How and why did the Japanese achieve not-pollution reduction and energy effi- 10 ciency technologies. Government coopera- this progress? In a recent study,1 the tion with Industry to promote these tech- Association for the Conservation of Energy nologies has reduced air pollution and In- suggests several reasons for Japan's suc- creased energy efficiency tremendously. cess in attaining energy efficiency and eco- Japan, one of the worst polluters in the nomic growth, which provide lessons for 1960s, became the world leader Inclean air other OECD nations. First, the Japanese and now exports large quantities of pollution government provides financial incentives, control technology. From 1973 to 1986, regulations, standards, information and edu- Japan also cut energy consumption 50% per cation to help companies reach the highest unit of GNP. However, Japanese energy possible energy efficiency standards. Sec- consumption has increased significantly ond, a single government agency, MITI, ad- since 1986 due to declining energy prices, ministers a comprehensive national program strong economic growth, new government for energy efficiency and has the power to policies, and changing attitudes toward ensure that all sectors adopt its conservation conservation. measures. Third, all companies larger than a minimum size must have licensed energy managers who supervise the firm to ensure A. Energy Efficiency maintenance of the highest energy effi- Japan's economy Is one of the most ef- ciency standards. Fourth, to preserve effi- ficient In the world, clearly demonstrating ciency gains, the Japanese upgrade energy that efficiency goes hand in hand with eco- efficiency standards for appliances and nomic growth. (See Table 1) However, al- buildings periodically. Finally, the govern- though Japan still uses half as much energy ment has a long-term plan to obtain signifi- as the United States to produce one unit of cant Increases in national energy efficiency. gross domestic product,107 differing life- styles, climate, population patterns, and Japan's experience shows that eco- other factors make comparisons between nomic growth does not depend on growth in the absolute energy consumption of Japan energy supply. Indeed, improved energy and other nations risky. The Japanese use efficiency improves a nation's competitive- less central heating, live in a much smaller ness in the international marketplace. An- area, and rely significantly more on rail and other important lesson is that Japan did not subway systems for commuting than Ameri- rely solely on higher prices to spur efficiency cans do. Thus, differences in energy con- improvements. sumption are not as great as they first appear. Even so, Japan's continued progress However, lower oil prices, the strength in efficiency during a period of rapid eco- of the economy since 1986, and the stability of the yen have led to a declining interest in nomic growth is Impressive and a model for 1 all nations. energy efficiency in Japan in recent years." OECD data indicates that the national Japan achieved its greatest energy sav- energy efficienc, index for Japan has not ings between 1979 and 1986, when it cut risen since 1986 and that demand for energy consumption 20%. The government energy has been increasing since 1987.112 proudly notes that from FY 1973 to FY 1986, Japan's current increased energy use 46 ENVIRONMENTAL LAW & POLICY FORUM typifies the response of most industrialized decided to enjoy the benefits of economic nations experiencing declining energy growth. Energy intensive luxury Items and prices. These policies may now change in home appliances, such as electric bread response to the war in Kuwait and renewed makers, full-size refrigerators, and microwave concern about oil security. ovens, have become fashionable. The Japanese use more disposable goods to- Although official government policy day, such as wooden chopsticks and paper touts energy conservation as a primary goal, towels. More choose to drive rather than the Japanese government has cut several ride the subway and buy bigger houses that energy initiatives and relaxed some conser- cost more to heat in winter and cool In vation laws. Moreover, growth in personal summer. Increasingly vain Japanese young- income and the declining real price of oil has sters are now taking "asa-shan"-mornng led to growing demand for automobiles, par- showers to shampoo their hair-in addition ticularly larger automobiles, while the aver- to the traditional evening bath. age fuel efficiency of new cars has declined steadily since 1982. The government has According to Osamu Maeda, a Rlkkyo not attempted to combat this trend with University sociologist, "in the process of higher gasoline taxes, and it removed a com- economic growth, the people have gotten modity tax on larger cars in 1988 as part of used to their modern amenities and have recent tax "reform" legislation. Electricity grown more distant from nature.... They prices, among the highest of any industrial- have lost some of their sensitivity to the envi- ized country, also have been reduced to re- ronment." 117 A Japan Economic Institute flect the declining cost of fuel. 113 Japan report adds, 'here appears to be no place could make significant energy savings in for a public campaign to promote energy appliances, automobiles, lighting and conservation in this new consumer environ- buildings, where efficiency either has de- ment." "1 8 If anything, new government clined or increased little. However, until fuel policies that relax restrictions on building prices rise, or until the government up- large retail stores Inurban areas will acceler- grades its energy policies, It is likely that de- ate this trend. mand will continue114 to increase while efficiency lessens. The growth in energy use may be due to government miscalculation rather than in- The government and private companies tention. MITI assumed that with a stronger have taken some limited measures to stem yen/dollar ratio, Japan's economy would shit energy consumption since Iraq invaded from energy Intensive industries to In- Kuwait in August, 1990. They are encourag- creased consumption of Imports and less ing citizens and employees to turn air condi- energy Intensive consumer goods. This has tioners up to 800, turn off one-third of the not occurred, and the growth In energy use lights in offices, and adhere to an 80 km/hr accelerated from 0.4% in FY 1986 to almost speed limit on highways. Even some corpo- 5% in FY 1987119 and rose another 5.4% In rations are "reexamining investment blue- FY 1988.120 Industrial growth and Increased prints with an eye toward energy efficiency." consumer spending on cars and durable However, these measures are not expected goods has resulted in greater electricity pro- to yield large energy savings. The gov- duction and consumption.' 21 (See Chart 1.) ernment seems to be relying on years of The sharp increases in energy consumption energy planning to help the economy in 1988 and the beginning of 1989 have through the crisis.115 forced MITI to address energy issues more seriously. The government's campaign to reduce the personal savings rate and increase con- MITI's latest energy plan (1990) focuses sumption-a policy designed partly to ap- heavily on energy conservation. MITI In- pease the United States government-also tends to use various energy conservation has contributed to growing energy use. measures to Improve the GNP Base Unit With the recent conclusion of the United (primary energy supply quantity/GNP) by States-Japan SII talks promoting domestic 2.0% annually, with a total improvement of measures to increase consumption, this 36% by the year 2010, and to cut the energy trend may only worsen.1 16 The campaign GNP elasticity ratio (growth rate of primary comes at a time when the Japanese have energy supply/growth rate of the economy) JAPAN ANi' THF (' .1RAI1 :NVIRONMFNT

for energy demand by 0.58%. To attain that control them. Thus, coal ensures Japan these two goals, MITI aims to reduce energy a relatively secure fuel supply. However, use by government and industry 11.2% from MITI believes it will'be difficult to increase what it would be in the year 2010 given cur- Japan's coal use in the mid- to long-term, 122 rent trends. This target is consistent with given the CO2 emissions that arise from coal a reduction in the energy used per unit of burning. 124 To combat these emissions, the GNP of 2% per year. The plan requires a ministry proposes for FY 1991 to cut the substantial improvement in cooling and budget for coal liquefecation and gasification heating efficiency in residential use, vehicle substantially, from 2524,901 million yen to fuel efficiency and improved efficiency in 16,296 million yen.' power generation facilities. MITI also hopes to increase the share of MITI projected a growth rate in energy power generated from nuclear power plants consumption between 1988 and 2000 of from 27% to 43% by the year 2010.126 1% for the industrial sector, 0.9% for the Japan has maintained an enviable nuclear manufacturing sector, 2.7% for the residen- safety and reliability record, ironically using tial and commercial sector, and 1.9% for the United States reactor technology. However, transportation sector. Between the years Japan still is searching for a final solution to 2000 and 2010, however, the annual growth disposal of its waste. Growing public op- rate in energy consumption for each of position may make it difficult to obtain new these sectors Is predicted to drop to 0.6% sites for reactors, which will force utilities to for the Industrial sector, 0.6% for the manu- move further away from demand centers and facturing sector, 2.0% for the residential and thereby increase costs. Such factors as TMI, commercial sector, and 1.3% for the trans- Chernobyl, the increasing Influence of portation sector. women (who tend to oppose nuclear power) and an awareness of public opposition to To combat global warming and to reduce nuclear power in the United States and its dependence on foreign energy imports, Europe, have helped127 fuel anti-nuclear sen- thereby improving Japan's energy security, timents in Japan. MITI plans to promote increased use of new energies, and hydro, geothermal and nu- B. Japanese Energy2 Technology and the clear power to 27% of the energy supply by Environment 2010. (See Chart 2.) In 1988, these non- fossil energies provided 15% of Japan's en- Sustained by low oil prices, Japanese ergy supply. MITI will encourage research industry grew rapidly during the 1960s. and development of alternative energy from Then, shocked by the oil crisis of 1973 when methanol and solar power with the aim of prices rocketed upwards, government and dramatically cutting solar facility costs, and industry undertook massive conservation ef- will install new facilities for generating power forts that reduced energy use sharply and from liquefied natural gas (LNG). MITI plans quickly. to Increase the share of LNG in gasoline used In motor vehicles in urban areas from These conservation programs ad- 71% to 85% by encouraging small- and dressed virtually every aspect of Japanese medium-sized gas companies to convert to activity, ranging from home natural gas. 123 refrigerators to steel mills. Conservation began with simple acts, such as greater use of insulation, and it The government views coal as a stable progressed to complex and expensive un- resource and a major oil alternative. In the dertakings including the development of al- wake of the 1973 and 1978 oil crises, the ternative energy technologies. Japan now Japanese government adopted an aggres- consumes less energy per unit of GNP than sive policy to develop alternatives to oil. The any other nation. This results from a con- attraction of coal is clear: there are abundant certed effort by Japanese industry, spurred world reserves located in countries such as by government demands and cooperation. Australia, China, and the United States which can supply Japan conveniently via sea Japanese government and industry routes. Many of Japan's suppliers also have have developed a menu of technologies stable governments, and some allow foreign and practices that demonstrate that pollution ownership of coal fields or the companies -even carbon dioxide-can be cut sub- 43 ENVIRONMENTAL LAW & POLICY FORUM stantially in ways that increase efficiency and energy consumption by another 30%, en- lower costs. This experience challenges the abling the complex to produce more steel conventional wisdom among scientists, plate and tubing with less energy and pollu- engineers and politicians that pollution is the tion than any mill in history. The highly com- inevitable consequence of industrial pro- puterized and automated plant, located on ductivity. The reverse may be true: the path an island in Tokyo Bay, turns out six million to true productivity may be one that leads to tons of steel per year. zero pollution and 100% efficiency. Each ton of steel from the Keihen Works Japanese industry has succeeded in re- requires 5.7 million kilocalories of energy, ducing energy consumption in three funda- substantially less than the average at mills In mental ways. First, improved measurement the United States and Western Europe. and control devices, such as exhaust gas Stringent pollution controls cut 802 analyzers with information feedback mecha- emissions from the plant by more than 90% nisms that automatically adjust boiler air-fuel and NO, by 80%, with comparable controls ratios, have been installed to minimized en- on the superfine and frequently toxic dust ergy consumption. Second, waste heat and soot that characterize steel production. collection systems are being used to capture Nippon Steel officials estimate that the and reuse heat that otherwise would be Keihen Works is the third or fourth most vented into the atmosphere. The Japanese efficient mill in Japan. Without the pollution use a variety of devices ranging from heat control devises, it likely would be Japan's exchangers to automatic frequency controls most efficient. for electric pumps and blowers. 2. Automotive Efficiency Finally, the Japanese have reduced energy consumption dramatically by changing Automotive fuel efficiency has Increased the production process itself. For example, by about 30% since the 1973 oil crisis. The steel can be rolled into a product as it comes bulk of this improvement has been attributed from the blast furnace without being cooled, to decreases in bodywelght, adoption of or it can be allowed to cool, inspected for de- aerodynamically superior designs, and im- fects, then re-heated for rolling. The former provements in engine technology. process, now used at nearly all Japanese steel mills, reduces energy consumption Toyota, the world's largesf auto manu- enormously. facturer, is working on several pollution reduction and efficiency enhancement tech- Following is a discussion of certain nologies. One is Improvement of the lean Japanese innovations in energy efficiency burn engine, which simultaneously reduces and pollution reduction. From the demand NO, emissions while increasing fuel econ- side, we review advances made at Nippon omy. Toyota has the reputation among au- Steel and Toyota Motor companies, whose tomotive experts of offering the best of the new technologies reduce pollution and en- lean burn engines. With current technology, ergy consumption significantly. From the the company can meet Japanese and Euro- supply side, we discuss innovations in fuel pean standards, but its engines fall under cells, nuclear reactors, combined cycle the more stringent United States require- power plants and coal combustion tech- ments. Toyota is presently developing ways nologies that reduce pollution and provide for lean burn engines to meet some gov- energy more efficiently, thus reducing the ernments' stricter NO, requirements while country's dependence on imports and Im- preserving fuel economy gains. proving its energy security. As discussed C. The Demand Side above, fleet efficiency has been declining since 1982 due to growing demand for larger cars, declining oil prices, 1. Nippon Steel, Keihen Works and the elimination of some Incentives for small cars. This led Toyota to drop produc- When it began operations in 1976, Nip- tion of its smallest car due to lack of demand. pon Steel's Keihen Works was arguably the most efficient steel mill in the world. Yet during the next decade, the plant reduced JAPAN AND THE GLOBAL ENVIRONMENT 49

D. The Supply Side maintenance and service requirements. Tokyo Gas Company has made a substantial 1. Fuel Cells contribution to the development cost in return for a guarantee that they will receive fifty Fuel reacts with itself In a fuel cell to kilowatt fuel cells with a minimum five-year generate electricity. Producing virtually no operating life at $1,800/kw by 1995. The sulphur dioxide (SO 2) or oxides of nitrogen company benefits by selling gas to Fuji. (NOx), this technology holds extraordinary potential for reducing air pollution. Fuel cells 2. Nuclear Power can run on currently available fossil fuels and their derivatives such as natural gas and An experimental 2.8 megawatt demon- methanol, or on hydrogen, which might be stration breeder reactor, the "Monju," is un- produced through the use of solar or nu- der construction and expected to achieve clear-generated electricity. Because fuel criticality in 1992. Officials expect three pro- cells also are more efficient than conven- gressively more powerful demonstration re- tional energy technologies, they have the actors to follow Monju, culminating in 1500 potential to significantly reduce 002 emis- megawatt scale commercial plants sometime sions by minimizing fossil fuel consumption. between 2010 and 2030. Nuclear power is Unlike most other energy technologies, fuel already Japan's leading source of power, ac- cells may be versatile enough for small, counting for more than one-fourth the na- medium or large-scale applications, ranging tion's electricity output. from automobiles to central power plants. They make almost no noise, as there are no As of June 1989, thirty-seven nuclear noisy pistons or controlled explosions of the power plants were running in Japan, produc- sort that make gas and diesel engines run. It ing 26.6% of the country's energy.12 9 As may be possible to locate smaller scale units, discussed previously, growing questions ranging from ten to fifty megawatts, in or near about the political future of nuclear power in city centers, eliminating the need for trans- Japan may jeopardize proposals for addi- mission lines and minimizing the cost of land. tional plants. Japan now imports the fuel to supply these reactors. However, if plans for Fuji Electric is the largest fuel cell pro- the development of fast breeder reactors ducer in Japan. As of January 1989, Fuji had proceed on schedule, the nation will be- 11,000 kllowatts of fuel cell projects un- come an exporter of fuel within a genera- derway In Japan and thirteen projects In the tion-possibly becoming the first nation in United States and Europe. These projects history to bootstrap itself from energy buyer Include commercial electricity generation, to energy seller. production of a fuel cell-powered forklift and development of a fuel cell-powered bus for 3. Combined Cycle Power Plants Georgetown University in Washington, D.C. Tokyo Electric Power Corporation Fuji has completed construction and ("TEPCO") began construction of the testing of a one megawatt power plant and world's first large scale combined cycle plans to undertake a five megawatt demon- power plant in April, 1982. Perched on the stration plant. Fuji believes it can cut pro- edge of Tokyo Bay, Futsu is today one of duction costs enough to compete with coal- the world's largest power plants and almost fired plants (whose conventional cost is certainly the cleanest. It produces 2000 $2,000 per kilowatt) by mass production of megawatts of gas-fired electricity but emits standardized components. Fuji has made almost no SO 2 and less than one-sixth of the enormous progress toward commercializing nitrogen-based pollution allowed from new fuel cell technology for generating electricity plants in the United States from natural gas since winning a four company competition supported by the Japa- Three factors account nese government. for the extraordi- They now have a semi- nary performance of the Futsu plant. automated production First, it facility for the man- burns liquefied natural gas, one of the ufacture of fifty megawatt fuel cells for use in cleanest fuels medium-size available. Second, it uses a commercial and residential combined cycle system, burning buildings. These the gas In will be turn-key units with one turbine, then using the exhaust error detection systems built gases in to minimize to power a second turbine run by steam. 5D ENVIRONMENTAL LAW& POLICY FORUM

Third, selective catalytic reduction, an add- Pressuring developing countries to control on device for pollution control, cleanses the their pollution similarly could increase orders exhaust gases of NOx. Although other for Japanese pollution control systems. At a power plants have employed one or two of March 1990 presentation in Washington, a these approaches, Futsu is the first to use all MITI official described plans to develop three. The combination makes the plant a somewhat less effective but much less ex- model of simultaneous pollution reduction pensive pollution control technology for sale and increased efficiency. to developing countries. Already, discussion of a "green industry" has begun to appear in 4. Technologies to Reduce Pollution the Japanese press, but so far these con- from Coal Combustion siderations seem to be less politically salient than the possible costs of environmental 131 To increase efficiency and reduce air controls on the Japanese economy. pollution, Japan's Electric Power Develop- Indeed, Japan could do much more to pub- ment Company ("EPDC") 130 is investing in licize its activities to provide a model for fluidized bed combustion ("FBC"), an inher- newly Industrializing countries. ently cleaner combustion process for coal. A finely powdered mixture of coal and lime- CONCLUSION stone is suspended in mid-air by blowing air through it at tremendous velocities. The Japan's environmental policy Is weakest cooler and more complete combustion in conservation of nature and protection of which results not only lowers levels of both the global environment and strongest In NOx and S02 but allows the use of a wide pollution reduction and energy efficiency range of different fuels. FBC can be cou- technologies. It is with these technologies. pled with highly efficient turbines to reduce that Japan can make Important contributions air pollution still further. to resolving global environmental problems. However, lack of domestic support for con- Since 1980, EPDC has been testing a servation and NGO activities remains a seri- process to powder coal, then mix it with wa- ous limitation on Japan's involvement In do- ter to form a combustible slurry. As a liquid, mestic and international environmental Is- coal could be more easily transported, sues. Japanese technology can benefit the loaded, and stored. The company also is at- world significantly, but It cannot address all tempting to develop methods of dewatering environmental issues. Since World War II, low-quality, sub-bituminous and brown Japanese politics have been oriented to- coals, which contain too much water to be wards increasing the wealth of the country. transported or burned efficiently. The re- Today, how Japan addresses environmental serves of this fuel are believed to be practi- issues may relate to its need to find a moral cally inexhaustible. Its use would increase basis for involvement in International affairs CO 2 emissions, but this increase would be that transcends the single-minded pursuit of potentially much less than existing coal economic wealth. combustion technologies because of its greater efficiency. The reduction in C0 2 is proportional to the improvement in efficiency; improvements of 10-20% or more are technically feasible. 1. Joseph M. Kitagawa, On Understanding E. Discussion Japanese Religion 268 (Princeton, 1987). 2. Edwin 0. Reischauer, The Japanese 217 Japan has much to offer the world in the (Harvard, 1977). development of innovative technologies that clean the environment and bolster eco- 3. Lynn White, Jr., The Historical Roots of nomic growth. The prospect of future inter- Our Ecological Crisis, 155 Science 1203 (March national environmental accords could have 10, 1967); J. Passmore, Man's Responsibility tor economic benefits for Japan because of its Nature (1974). position of technological leadership. A global warming agreement, for example, 4. Berque, Cities as One With Nature, The might help promote markets for high-effi- Courier 21 (December 1987); R. Christopher, The ciency appliances and industrial systems. Japanese Mind 151 (1983). JAPAN AND THE GLOBAL ENVIRONMENT 51

,-0 w..zM *0

co a E

E 0: 52ENVIRONMENTAL LAW& POLICY FORUM

Chart 1

Japan's Total Electricity Output Thermal, Nuclear and Hydro-electric (in billions of kilowatt hours)

1980 1985 1987 1988

514.05 603.93 640.16 663.40

Japan's Total Electricity Consumption

(in billions of kilowatt hours)

1980 1985 1987 1988

464.25 541.39 570,64 592.91

(Japanese industry and households contributed equally to the rise In total consumption in 1988.)

Source: Jon Choy, Japan's Energy Policy: 1988 Update, JEI Report No 40A, 6 (October 20, 1989).

Chart2

Japan's Energy Supply (1986) 011- 55.2% Solid fuels - 18.4% Nuclear - 11% Gas - 9.6% Hydro and geothermal - 5.7%

Dependence on Energy Imports

Japan - 80.1% United States - 12.3%

Sources: Energy Conservation Center in Japan, 1988; Nuclear Power Development and Use in Japan, Science and Technology In Japan 8 (March 1990). JAPAN AND THE GLOAL ENVIRONMENT 53

5. Frank K. Upham, Law and Social Change in International Edition 1, 8 (July 30-August 5, Postwar Japan 28-77 (Harvard, 1987). 1990).

6. Alan Miller, Three Reports on Japan and 20. Mark McQuillan and Randy Ulland, The the Global Environment, 31 Envir 25 (1989). Coming of the Greens, Japan Economic Journal 26, 28 (December 23, 1989). 7. Jo Stewart-Smith, In the Shadow of Fu- jisan: Japan and its Wildlife 69 (Viking Penguin, 21. McKean, Environmental Protest and Citi- 1987). zen Politics in Japan at 109 (cited in note 13).

8. Id at 21. 22. Id.

9. Public and Leadership Attitudes to the 23. Karl van Wolferen, The Enigma of Environment in Four Continents: A Report of a Japanese Power: People and Politics in a State- Study in 16 Countries (unbound study conducted less Nation 52 (MacMillan London Unlimited, between February 1988 and June 1989 by Louis 1989). Harris and Associates, Inc., 630 Fifth Avenue, New York, NY 10111, for the United Nations Envi- 24. Id. ronment Programme Survey). 25. Telephone conversation with Margaret 10. Id. McKean (cited in note 18).

11. Eugene Linden, Putting the Heat on 26. Fred Hiatt, Kaifu Drops Women From Cabi- Japan, Time 50,52 (July 10, 1989). net, Defies Factions' Leaders, Washington Post A:16 (February 28, 1990). 12. Jon Woronoff, Politics the Japanese Way 264-65 (St. Martin's, 1986). 27. Michael K. Blaker, ed, Japan at the Polls: The House of Councillors Election of 1974 35 13. See Donald R. Kelley, Kenneth R. Stunkel, (American Enterprise Institute for Public Policy and Richard R. Wescott, The Politics of the Envi- Research, 1976). ronment: The United States, the USSR, and Japan, 17 Am Behavioral Scientist, 751, 764 28. Gerald Curtis (author of The Japanese (1974); Margaret McKean, Environmental Protest Way of Politics, 1988), lecture, School of Public and Citizen Politics in Japan (U California, 1981); Affairs, University of Maryland at College Park Julian Gresser, Koichiro Fujikura, and Aiko (September 21, 1989). Morishima, Environmental Law in Japan (MIT, 1981). 29. Telephone conversation with Margaret McKean (cited in.note 18). 14. Upham, Law and Social Change in Postwar Japan at 21, 56 (cited in note 5). 30. Environment Agency, Government of Japan, Introduction to the Environment Agency 15. Kurt Steiner, Ellis Krauss & Scott Flana- of Japan 1 (no date). gan, ads, Political Opposition and Local Politics In Japan 225-26 (Princeton, 1980).. 31. Kelley, Stunkel & Wescott, 17 Am Behav- ioral Scientist at 766; Gresser, Environmental 16. Upham, Law and Social Change at 49 Law in Japan at 229-42 (both sources cited in (cited in note 5). note 13).

17. Nore Huddle and Michael Reich, Island of 32. Kelley, Stunkel & Wescott, 17 Am Dreams: Environmental Crisis in Japan 22-23 Behavioral Scientist at 765-66 (cited in note 13). (Schenkman Books, rev ed 1987). 33. T.J. Pempal, Policy and Politics in Japan: 18. Telephone conversation with Margaret Creative Conservatism 237 (Temple, 1982). McKean (September 14, 1989). McKean is an Associate Professor of Political Science at Duke 34. Kelley, Stunket & Wescott, 17 Am Behav- University and the author of Environmental ioral Scientist at 766 (cited in note 13). Protest and Citizen Politics in Japan (cited in note 13). 35. Woronoff, Politics the Japanese Way at 269 (cited in note 12). 19. Henry Cutler, Right-to-Know Laws Fail to Provide Info Access, The Japan Times Weekly 54 ENVIRONMENTAL LAW& POLICY FORUM

36. Pempel, Policy and Politics in Japan at 52. Akihiro Tamiya, Environmental Action on 234 (cited in note 33). Corporate Agenda, Japan Econ J 1, 4 (July 21, 1990). 37. Huddle & Reich, Island of Dreams at 9-10 (cited in note 17). 53. Gresser, Environmental Law in Japan 353- 55, 374-79 (cited in note 13). 38. Pempel, Policy and Politics in Japan at 234 (cited in note 33). 54. Majority Urge Government to Give Priority to Environment, Kyodo News Service (July 29, 39. Woronoff, Politics the Japanese Way at 1990). 266-67 (cited in note 12). 55. Ebitsubo Isamu and Nakamura Tokuli, 40. See generally Bruce Aronson, Legal and Chronology, Japan Quarterly 237 (April-June Policy Issues in the Japanese Compensation 1989). Law, in Tsukasa Nakemata and Chargles du V Florey, eds, Health Effects of Air Pollution and 56. Pat Murdo, Japan's Environmental Poli- the Japanese Compensation Law 139-51 cies: The International Dimension, Japan Eco- (Batelle, 1987). nomic Institute (JEI) Report No 10A (March 9, 1990). 41. Karl Schoenberger, Environment Blos- soms as Japan Issue, Los Angeles Times 1,12 57. Linden, Putting the Heat on Japan at 52 (August 16, 1989). (cited in note 11).

42. Tony Crosby-Rossman, Japan's Nagara 58. JEI Report No 37B at 11 (September 29, River: Grassroots Groups Fight to Save Japan's 1989). Last Wild River, World Rivers Review 7 (March- April 1989). 59. Linden, Putting the Heat on Japan at 50, 52 (cited In note 11); Fish Mining on the Open 43. See Andy Boone, Nagara River Dam Pro- Seas, Time 70 (June 5, 1989). ject Hits Logjam of Criticism, The Japan Times 4 (April 25, 1989). 60. JEI Report No 22B at 14 (June 9, 1989).

44. Manju Tanaka, Save the Nagara River,The 61. Strip Mining the Seas, Washington Post Japan Times 20 (May 17, 1989) (letter to the edi- A22 (September 23, 1989) (editorial); Murdo, JEI tor). Report NolOA at 13 (cited in note 56).

45. Crosby-Rossman, World Rivers Review at 62. Strip Mining the Seas, Washington Post 7 (cited in note 42). - A22 (cited in note 61).

46. Boone, The Japan Times at 4 (cited in note 63. Drift Net Fishing to be Halted, Japan Times 43). Weekly International Edition 3 (July 30-August 5, 1990). 47. Crosby-Rossman, World Rivers Review at 7 (cited in note 42). 64. JEI Report No 37B at 12 (September 29, 1989). 48. Schoenberger, Los Angeles Times at 1 65. Fred Hiatt, Japanese to Stop Ivory Trade, (cited in note 41). Washington Post A14 (October 31, 1989).

49. S. Jacob Scherr and Holly E. Hazard, Nat- 66. Quality of the Environment In Japan: 1986 ural Resources Defense Council Memorandum at 227 (Environment Agency, Government of (June 24,1983) (on file in DELPF office). Japan); Linden, Time at 51 (cited In footnote 11).

50. Steve Basler, Japan's Environmentalists, 67. Japan Quarterly 112 (January-March 18 Envir Action 21 (July-August 1986). 1988).

51. The Greening of Japan, Business Tokyo 68. Linden, Putting the Heat on Japan at 51-52 26, 29-30 (November 1990); Ned Zeman & Lucy (cited in note 11). Howard, The Greening of Japan, Newsweek 6 (August 6, 1990). 69. This conclusion is based on Interviews and related research conducted in Japan by one of the authors, Alan Miller, in 1987.' JAPAN AND THE GLOBAL ENVIRONMENT 55

70. Jon Choy, Initial FY 1990 Budget Re- 83. Id. quests Up, JEI Report No 35B at 9 (September 15,1989). 84. Japan's Approach to Environmental Is- For the 1991 fiscal year, MITI has requested sues of the Globe at 3 (cited in note 80). $48 million for research on the global environment, an increase of 17% from the present 85. William Branigin, Japan Plans $1 Billion in budget. Much of this money will be allocated to Aid for Mexico to Combat development of "environment friendly" tech- Severe Air Pollution, Washington Post A37 (August 30, 1989). nology, including CFC substitutes, technology to absorb and use C02, and biodegradable plastics. A Darker Shade of Green, Nature 783 (August 30, 86. Nectoux & Kuroda, Timber from the South 1990). Seas at 88 (cited in note 82). at 87-88. 71. Nissan's Efforts to Reduce the Use of 87. Id Chlorofluorocarbons,Nissan News (Nissan Motor Co., August 7, 1989) (on file with authors). 88. Id at 90.

72. Pat Murdo, Japan Ranked Low on Envi- 89. Id at 91. ronmental Scorecard, JEI Report No 27B at 8-9 (July 13, 1990). 90. See generally id at 90.

73. Sato, Electric Utilities Wrestling with the 91. Forrest, Japanese Economic Assistance C02 Issue, 58 Tokyo Business 17 (July 1990). at 28 (cited in note 79).

74. Government of Japan, Action Program to 92. Nectoux & Kuroda, Timber From the South Arrest Global Warming (October 23, 1990) (ten- Seas at 92 (cited in note 82). tative translation). 93. Id at 87. 75. Letter to Prime Minister Toshiki Kaitu from Lynn A. Greenwalt, Vice-President, International 94. Id at 94. Affairs, National Wildlife Federation, August 7, 1990. 95. Eugene Linden, How the US Can Take the Lead in The Third World, Time 63 (October 23, 76. Shuzo Nishloka, The Japanese Response 1989). to Global Warming: Background, Policy & Re- search Work 2 (National Institute for Environmen- 96. Murdo, Japan's Environmental tal Studies, Environment Agency Policies at of Japan, June 1 (cited In note 56). 1989) (on file with authors). 97. Ichiro Yano, ed, Nippon: A Charted Sur- 77. Id at 4. vey of Japan, 1987-88 143 (Kokusei-Sha Corporation, Tokyo, 1987). 78. The Global Giants, Wall Street Journal § 3, 19R (September 3, 1988). 98. Nectoux & Kuroda, Timber From the South Seas at 60 (cited in note 82). 79. Richard A. Forrest, Japanese Economic Assistance and the Environment: The Need for 99. Japan's Approach to Environmental Reform 7 (National Wildlife Is- Federation, November sues of the Globe at 14 (cited in note 80). 1989)(on file with authors). I 100. Robert Repetto, 80. Japan's Approach to Environmental Is- The Forest for the Trees? Government Policies and the sues of the Globe 1 (Overseas Misuse of Forest Public Relations Resources 5-8 Division, Japanese Ministry of Foreign Affairs, (World Resources Institute, September, 1989) (on file with authors). 1988). 101. Global Environmental Conservation 81. Japan's Foreign Aid Policy: 1989 Update, Policy in Japan 2-5, (Global Environmental JEI Report No 41A at 2 (October 27, 1989) Conserva- (on file tion Office, Japanese Environment Agency, with authors). September 1989). 82. Francois Nectoux and Yoichi Kuroda, Tim- 102. Pat Murdo, Global Warming ber from the South Seas: An Analysis of Japan's Confronted From Many Angles, JEI Report No. 36B at 12 Tropical Timber Trade and its Environmental Im- (September 22, 1989). pact 88 (World Wildlife Fund, April 1989). 56 ENVIRONMENTAL LAW & POLICY FORUM

103. Murdo, Japan's Environmental Policies at 119. Jon Choy, MITI To Revise Energy Demand 10 (cited in note 56). Outlook, JEI Report No 19B at 5-6 (May 12, 1989). 104. Id at9. 120. Nuclear Power Development and Use in 105. For representative statements from In- Japan, Science and Technology In Japan 9, donesia, see News & Views Indonesia (March 1990). (October/November 1989) (available from the Embassy of Indonesia). 121. Choy, MITI To Revise Energy Demand Outlook at 5-6 (cited in note 119). 106. Repetto, The Forest for the Trees? at 32 (cited in note 100). 122. MITI notes, however, that if global temper- atures were to rise significantly In the near future, 107. World Resources 1990-91 25 (Oxford U requiring Japan to stabilize its C02 emissions Press, 1990). quickly, MITI might have to restructure Its energy policies. 108. Japan's Energy Conservation Policy (Ministry of International Trade and Industry, 123. Long-Term Forecast of Energy Supply and April 1988). Demand, (Ministry of International Trade and In- dustry, draft ed June 1990) (on file with authors). 109. Linda Taylor, Ian Brown & Stewart Boyle, Lessons From Japan: Separating Economic 124. Id. Growth from Energy Demand 6-7 (Association for the Conservation of Energy, London, Spring 125. David Swinbanks, A Darker Shade of 1990). Green, 346 Nature 783 (August 30,1990).

110. Idatl15-17. 126. Long-Term Forecast of Energy Supply and Demand (cited in note 123). 111. Jon Choy, Japan's Energy Policy: 1988 Update, JEI Report No 40A at 1 (October 20, 127. Nuclear Power Development and Use In 1989). Japan at 10 (cited In note 120).

112. Taylor. Brown & Boyle, Lessons from 128. Information in this and the two following Japan at 11 (cited in note 109). sections Is based on extensive site visits and In- terviews conducted by the authors In January 113. Public Utilities Apply to MITI for Approval 1989. to Cut Rates and to Introduce New Concept to Rate System, Japan Petroleum and Energy 129. Id. Weekly 2-4 (November 2, 1989) (on file with authors). 130. EPDC is a government-funded corporation created in 1952 whose objective Is to develop 114. Taylor, Brown & Boyle, Lessons from power resources that privately owned companies Japan at 13 (cited in note 109). might find technically or financially daunting.

115. Jon Choy, Mixed Japanese Response to 131. McQuillan & Ulland, The Coming of the Energy Conservation, JEI Report No 33B at 4 Greens, Japan Econ J 26 (cited In note 20). (August 24, 1990).

116. Letter to Prime Minister Toshiki Kaifu from Lynn Greenwalt, National Wildlife Federation (August 7, 1990).

117. Yoko Wakatsuk, Japanese Lifestyle Dis- courages Environmental Concern, The Japan Times 13 (July 28, 1989).

118. Choy, Japan's Energy Policy at 7 (cited in note 111).