DOCSLIB.ORG

NAGOYA UNIVERSITY GRADUATE SCHOOL of LAW Doctoral

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
NAGOYA UNIVERSITY GRADUATE SCHOOL of LAW Doctoral NAGOYA UNIVERSITY GRADUATE SCHOOL OF LAW Doctoral Dissertation ADMINISTRATIVE RESPONSIBILITY FOR WATER POLLUTION PREVENTION IN LAOS: LESSONS LEARNED FROM JAPAN A Dissertation Submitted in Fulfillment of the Requirements for the Degree of Doctor of Laws Course: LL.D. (Comparative Law) Program in Law and Political Science 2016-2019 Name of the Student: DONKEODAVONG Latdavanh Student ID Number: 431604065 Main Academic Supervisor: Professor INABA Kazumasa Sub-Academic Supervisor: Professor ICHIHASHI Katsuya Sub-Academic Supervisor: Professor FUKASAWA Ryuichiro Date of Submission: July 26, 2019 Abstract This research project investigates the administrative responsibility for water pollution prevention in Laos by referring to Japan. The main aim of this study is to answer three main research questions. First, how does the legal system in Laos fail to prevent water pollution? Second, what are aspects of other countries’ legal systems worthy of reference for Laos? Lastly, how is administrative responsibility in Japan worthy of reference in order to find legal issues for Laos? In order to answer these research questions, this paper consists of four chapters, an introduction, and conclusion. Chapter I attempts the reason for paying attention to the concept of responsibility, which is a “leading thread” of this study. This chapter compares the general differences between the Japanese and Laotian legal systems. Chapter II describes the history and characteristics of the water pollution prevention law in Laos. Chapter III analyzes the development of the water pollution prevention law in Japan in order to discover the problems of the Laotian legal system, as described in Chapter II. Based on this analysis, Chapter IV presents the problems of the water pollution prevention law in Laos. The outline of this study describes the main points as follows. As far as the research’s findings in this paper, in Laos, when a private company broke environmental law, instead of a civil law dispute resolution by the people’s court, some administrative organs such as the Ministry of Natural Resources and Environment have sanctioned the violator. However, it can find a tendency not to exercise the expected regulatory powers in timely because the provisions of the law are not fully explicitly codified. The result in the kind of opportunistic action or inaction of regulatory powers against the violators and therefore, in only some cases of low-impact of pollution conflict occurs, an organ at the village level may mediate the conflicting parties instead of exercising regulatory powers delegated by the laws to the responsibility of organs. Due to the difficulty of dispute resolution in civil law and proper administrative sanctions in any conflicts, the phenomenon of arbitration at the village level has arisen only in the same cases. i In this sense, it can find the specific characteristic of violators responsible for the state in Laos. Nonetheless, the common and serious harms to the residents’ lives and health problem arisen in Japan that administrative agencies’ inaction to exercise their regulatory powers for prevention of water pollution. In fact, one of the main reasons for an increase in water pollution crisis in Laos is related to attempt by the government to engage in rapid economic developments. Some state-owned and joint investment venture companies with the government have impacted the lives and health of residents as result of water pollution. Similar problems have been arisen and the administrative interventions have been expanded in Japan. In order to try the current analysis in a more objective way, a research approach is to analyze Laos from the “outside.” The “outside” in this paper refers to the Japanese legal system. Because of the legal phenomenon that the victims pursue not only the violators, but also administrative responsibility is found in Japan. It is the concept of administrative responsibility in Japan defines state redress of inaction and administrative case litigation of mandamus action as the concept of legal responsibility of administration. This concept determines to protect the residents’ rights of lives and health caused by the inaction of legal regulatory powers by the administrative agencies such as the prefectural governors. Besides, even in the case where there is no legal power, there are cases where municipalities have tried to protect the lives and health of residents in order to supplement the prefectures in the case of inaction. Of course, the legal systems of the two countries are entirely different. However, as mentioned above, the simultaneous experiences of economic developments and water pollution have raised the legal phenomenon of the pursuit of administrative responsibility. This legal structure can also be the hint for Laos. Because disputes of private persons are not resolved by the people’s courts in civil law as in the West, but the victims require the administrative organs to exercise those regulatory powers in Laos. The conclusions obtained as the result of this legal study are as follows. First, when serious water pollution results from rapid economic developments, the limits of the village level arbitration as in the past become clear. This study shows the “logic” that some structural transformation will be ii born to the legal system in the future. Second, in order to demonstrate the logic, this study focuses on “responsibility” as the “leading thread.” By this, it can find an essential issue of the conceptual turn from violator responsibility (the regulated entity) to administrative responsibility (regulatory entity). It is the central theme of this study. As one of the essential conditions, the need for the substantive environmental law reform that clearly defines the missions of organs and requirements for administrative actions is obvious. As long as the substantive responsibility is vague, even if the legal system of litigation develops, this will not be enough. However, third, concerning the reality that the village level arbitration conducts in Laos, the actual situation in Japan where municipalities even in the case without legal power have been tried to prevent water pollution also be helpful. In the long-term, it is logical that the structural transformation as described in the second point will occur but in the short-term, strengthening the responsibility for village level arbitration be the issue of this country. The efforts of municipalities in Japan can be evaluated as the unique foreign case for practice and theory in Laos. In short, this is the study to clarify the legal issues for the development of the water pollution law in Laos. The author hopes that this work can contribute to the basis of fair, sound, and reasonable development in the future in Laos. iii Acknowledgements The achievement of this doctoral dissertation is due to many people who gave their assistance, endless support, and encouragement during this research project. First, I wish to express my appreciation for the untiring support, encouragement, and excellent guidance throughout this study provided by Professor Inaba Kazumasa, who is my main academic supervisor. He helped to shape the ideas of this study and pushed me to complete it on time. Without his expert advice and comment, I might not have graduated. Second, I would like to express my sincere gratitude to Professor Ichihashi Katsuya for his considerable expertise, advice, and motivation as a sub-supervisor in the early stages of this paper. He gave crucial comment and provided an overall understanding of how to critically analyze this legal issue. I am also very grateful to Professor Fukasawa Ryuichiro, who is my sub-supervisor for his thoughtfulness and direction throughout the completion of this research project. Third, I am grateful to Okuda Saori Sensei for her kind support. I also would like to thank Professor Paul Lege for accepting me as his TA for Academic Writing II and III almost three years, along with Professor Frank Bennett for guidance on Jurism to strengthen my citations. Thanks go to all professors who have taught me at the Nagoya University since I started studying for a master’s degree in Japan in 2014. I thank Ogaki Tomoe San and the staff at the Law and Central Libraries for their service, along with the Institute for Global Law and Policy (IGLP) at Harvard Law School to accept me to present this research at the Harvard Law School, Harvard University, Massachusetts, the U.S in June 2018. Thanks go to my colleagues at the National University of Laos, Sypha Chanthavong, and others. I am grateful to the financial support provided by MEXT Scholarship. Finally, I offer my deepest gratitude and love to my family, whose devoted assistance encouraged me to continue until successful completion. My thanks finally go to all people who contributed to this doctoral dissertation that I have not thanked as mentioned above. Graduate School of Law, Nagoya University, July 26, 2019 DONKEODAVONG Latdavanh iv Table of Contents Abstract ................................................................................................................................................ i Acknowledgements ............................................................................................................................ iv List of Tables .................................................................................................................................... viii Abbreviations ....................................................................................................................................
Load more

Recommended publications
  • Keys to the Flesh Flies of Japan, with the Description of a New Genus And
    〔Med. Entomol. Zool. Vol. 66 No. 4 p. 167‒200 2015〕 167 reference DOI: 10.7601/mez.66.167 Keys to the esh ies of Japan, with the description of a new genus and species from Honshu (Diptera: Sarcophagidae) Hiromu Kurahashi*, 1) and Susumu Kakinuma2) * Corresponding author: [email protected] 1) Department of Medical Entomology, National Institute of Infectious Diseases, Toyama 1‒23‒1, Shinjuku-ku, Tokyo 162‒8640 Japan 2) IDD Yamaguchi Lab., Aobadai 11‒22, Yamaguchi-shi, Yamaguchi 753‒0012 Japan (Received: 9 June 2015; Accepted: 2 October 2015) Abstract: A new genus and species of the Japanese Sarcophagidae, Papesarcophaga kisarazuensis gen. & sp. nov. is described and illustrated from Honshu, Japan. Practical keys to the Japanese 43 genera and 122 species are provided including this new species. A check list and data of specimens examined are also provided. Key words: Diptera, flesh flies, new species, new genus, Sarcophagidae, Japan INTRODUCTION The collection of Sarcophagidae made by the first author was studied during the course of the taxonomical studies on the calypterate muscoid flies from Japan since 1970 (Kurahashi, 1970). This was a revision of the subfamily Miltogramatinae dealing with seven genera and 14 species. Before this, Takano (1950) recorded seven genera and nine species of Japanese Sarcophagidae. Many investigation on the Japanese flesh flies made by Drs. K. Hori, R. Kano and S. Shinonaga beside the present authors. The results of these authors were published in the part of Sacophagidae, Fauna Japanica (Insecta: Diptera) and treated 23 genera and 65 species of the subfamilies of Sarcophaginae and Agriinae (=Paramacronychiinae), but the subfamily Miltogrammatinae was not included (Kano et al., 1967).
    [Show full text]
  • NIAES Annual Report 2012
    2012 Annual Report 2012 (April 2011 ‒ March 2012) National Institute for Agro-Environmental S ciences About the symbol..... The symbol’s colors represent the research domains of NIAES: the sky is light blue, clouds and water are white, biota are green, and soils are brown. Editorial Board Chairman: Kiyotaka Miyashita President Vice Chairman: Mitsunori Oka Vice President Editorial Committee: Akira Hasebe Principal Research Director Yasuhiro Yogo Principal Research Coordinator Toshihiro Kadosawa Head, Public Relations and Information Office Katsutoshi Yamamoto Head, Research Planning Office Sakuji Kawamura Head, Accounting Office Hitoshi Toritani Director, Ecosystem Informatics Division Takashi Otani Director, Organochemicals Division Takeshi Fujii Director, Environmental Biofunction Division Contents Message from the President ………………………………………………………… 2 Basic Philosophy, Code of Conduct, and Environmental Charter … 3 History of NIAES ………………………………………………………………………… 4 Research Overview in FY2011 ……………………………………………………… 5 Research Organization ……………………………………………………………………… 6 Summary of NIAES Research Projects …………………………………………………… 7 Plans and Results of Research Projects with External Competitive Funding …………… 26 Major Symposia and Seminars……………………………………………………………… 29 Research Collaborations …………………………………………………………………… 37 Evaluation Committee FY2011 …………………………………………………………… 38 Academic Prizes and Awards ……………………………………………………………… 39 Career Building and Outreach Programs…………………………………………………… 41 International Activities Foreign Visitors ……………………………………………………………………………
    [Show full text]
  • Program Book
    DVORRUJMDSDQ Association for the Sciences of Limnology and Oceanography Meeting Program ASLO Contents Welcome! ..........................................................................................2 Conference Events ........................................................................12 Meeting Sponsors ...........................................................................2 Public Symposium on Global Warming...........................................12 Meeting Supporters .......................................................................2 Opening Welcome Reception.............................................................12 Organizing Committee .................................................................2 ASLO Membership Business Meeting .............................................12 Poster Sessions and Receptions .........................................................12 Co-Chairs ..................................................................................................2 Scientifi c Committee ..............................................................................2 Workshops and Town Hall Meetings ......................................12 Local Organizing Committee ...............................................................2 L&O e-Lectures Town Hall Meeting ................................................12 Advisory Committee ..............................................................................2 Workshop: Th e Future of Ecosystems Science ...............................12 ASLO Student
    [Show full text]
  • NIAES Annual Report 2008
    ISSN 1342-6648 NIAES Annual Report 2008 National Institute for Agro-Environmental Sciences Japan Annual Report 2008 (April 2007– March 2008) National Institute for Agro-Environmental Sciences About the symbol….. The symbol’s colors represent the research domains of NIAES: the sky is light blue, clouds and water are white, biota are green, and soils are brown. Editorial Board Chairman: Yohei Sato President Vice Chairman: Kiyotaka Miyashita Vice President Editorial Committee: Akira Hasebe Principal Research Director Ichiro Taniyama Principal Research Coordinator Toshihiro Kadosawa Head, Public Relations and Information Office Koji Yasuda Head, Research Planning Office Kenji Miyamoto Head, Accounting Office Shinichi Ono Director, Soil Environment Division Yasuhiro Yogo Director, Organochemicals Division Tetsuhisa Miwa Director, Ecosystem Informatics Division Contents Message from the President ··········································································································· 2 Basic Philosophy, Code of Conduct, and Environmental Charter ·························· 3 History of NIAES ································································································································ 4 Highlights in 2007 ······························································································································· 5 Research Topics ··········································································································································· 5 Major
    [Show full text]
  • Spatial Distribution and Its Temporal Variation of Hypoxic Water Mass and Phytoplankton Bloom Around Sumida River Estuary, Odaiba, Tokyo Bay
    Graduate School of Frontier Sciences, The University of Tokyo Department of Socio-cultural Environmental Studies 2011-2012 Master’s Thesis Spatial distribution and its temporal variation of hypoxic water mass and phytoplankton bloom around Sumida river estuary, Odaiba, Tokyo Bay Submitted: July, 2012 Advisor Associate Prof. Yukio Koibuchi 47-106818 Md. Masudur Rahaman Biswas i 2011-2012 Master’s Thesis Spatial distribution and its temporal variation of hypoxic water mass and phytoplankton bloom around Sumida river estuary, Odaiba, Tokyo Bay Md. Masudur Rahaman Biswas A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER’S OF SCIENCE IN ENVIRONMENTAL STUDIES Department of Socio-cultural Environmental Studies, Graduate School of Frontier Sciences The University of Tokyo 31 July, 2012 ii ABSTRACT Water quality deterioration often causes hypoxia and phytoplankton bloom in estuarine and coastal system, but the mechanism that controls hypoxia and phytoplankton bloom vary among estuaries and often difficult to distinguish. A series of automated water column time series observation has been established around Sumida river estuary, Odaiba, Tokyo Bay. The time series data obtained from the three fixed observation stations at the outer and inner part of Odaiba during the period of June to September 2011 reveal the occurrence of episodic surface phytoplankton bloom followed by hypoxic events. The goal of the present study was to indentify and clarify the mechanism of hypoxic events and phytoplankton blooms in relation to hydrographic and environmental factors to mitigate the adverse effect on the estuary natural ecosystem. Five hypoxic events and phytoplankton blooms occurred during the summer observation period around the estuary in summer 2011.
    [Show full text]
  • Waterways in Urban Tokyo
    2007年度 修士論文 Waterways in Urban Tokyo Laura Mártires ローラマルティレス 東京大学大学院新領域創成科学研究科 社会文化環境学専攻 Table of Contents Acknowledgements..........................................................................................................................................04 Introduction......................................................................................................................................................05 Methodology.....................................................................................................................................................07 Chapter 1: Cities and Water..............................................................................................................................08 1.1. Cities and Water: The Beginning...................................................................................................................10 1.2. Urban Sustainability.......................................................................................................................................10 1.3. Urban Regeneration:The Role of The Waterfront .........................................................................................12 Chapter 2: Waterfront General Topics...............................................................................................................14 2.1. Urban Waterfront Development......................................................................................................................15 2.2. Design and Management Issues....................................................................................................................17
    [Show full text]
  • Mutagenic Characteristics and Contribution of Polycyclic Aromatic Hydrocarbons to Mutagenicity of Concentrates from Municipal River Water by Blue Chitin Column
    232 Journal of Health Science, 48(3) 232–241 (2002) Mutagenic Characteristics and Contribution of Polycyclic Aromatic Hydrocarbons to Mutagenicity of Concentrates from Municipal River Water by Blue Chitin Column Akira Nagai,*, a Yoshinao Kano,a Ryozo Funasaka,a and Katsuhiko Nakamurob aGifu Research Center for Public Health, 4–6 Akebono-cho, Gifu-shi, Gifu 500–8148, Japan and bFaculty of Pharmaceutical Sciences, Setsunan University, 45–1 Nagaotoge-cho, Hirakata-shi, Osaka 573–0101, Japan (Received January 9, 2002; Accepted February 26, 2002) The mutagenic characteristics of concentrates from environmental water such as the effluent from various treatment plants and river waters using a modified Blue Chitin column method were determined by Ames assay with Salmonella typhimurium TA98, YG1021 and YG1024. This was done to estimate the quantitative contribution rate of mutagenicity estimated from analyzed polycyclic aromatic hydrocarbons (PAHs) content in the same concen- trates to the mutagenicity of environmental water. Moreover, PAHs content and the mutagenicity of the river sedi- ment-extract were measured to elucidate the fate of PAHs in the river. Many kinds of environmental waters and river sediment possessed principally indirect frame-shift type mutagenicity. Concentrates from many kinds of environ- mental waters possibly contained aminoarenes assayed with YG1021 and YG1024. In many kinds of environmental waters, the contribution rates of mutagenic magnitude estimated from seventeen analyzed PAH contents to the mutagenic magnitude of these water concentrates in TA98 with S9 mix were recognized to be from 0.10 to 1.15%. However, the contribution rate of mutagenic magnitude estimated from ten analyzed PAHs contents to the mu- tagenic magnitude of the Arata River sediment extract in TA98 with S9 mix was 64.2%.
    [Show full text]
  • Project for Building Disaster Resilient Societies in Vietnam Phase 2
    JAPAN INTERNATIONAL COOPERATION AGENCY (JICA) MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT (MARD) PROJECT FOR BUILDING DISASTER RESILIENT SOCIETIES IN VIETNAM PHASE 2 FINAL REPORT AUGUST 2016 JAPAN INTERNATIONAL COOPERATION AGENCY(JICA) JICA PROJECT TEAM EARTH SYSTEM SCIENCE CO., LTD. IDEA CONSULTANTS, INC. PROJECT TARGET AREA INDEX Page CHAPTER1 INTRODUCTON 1.1 Outline of the Project.............................................................................................................. 1-1 1.1.1 Project Target Area & Project Period ............................................................................. 1-1 1.1.2 Project Purpose, Outputs and Activities ......................................................................... 1-1 1.2 Inputs ..................................................................................................................................... 1-2 1.2.1 Dispatched Expert ......................................................................................................... 1-2 1.2.2 Counterpart Training in Japan ....................................................................................... 1-2 1.2.3 Subcontract Works ........................................................................................................ 1-3 1.2.4 Procured Equipment ...................................................................................................... 1-3 1.2.5 Work Flow .....................................................................................................................
    [Show full text]