Environmental Dispute

Resolution System in Japan

July 2010
Ｙｏｓｈｉｋａｚｕ Ｓｕｚｕｋｉ
Examiner
Environmental Dispute Coordination Commission,
Government of Japan
Outline
Short History
1.Short History of Environmental Pollution
2.Difficulties in Judicial System to Settle
Environmental Disputes
ADR System of Japan
3-1 Characteristics of the System
3-2 Organizations
3-3 Types of Procedures
4 Conclusion

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 1 Short History of Environmental
Pollution
Ashio Copper Mine Case (1880s-1970s)
・ First large-scale environmental pollution
High Growth Period (mid 1950s-early 1970s)
・ Four major environmental pollution cases
e.g., Minamata Disease case
・ Air or water pollution caused by steel
manufacturing, mining or chemical company etc.
・ Aircraft noise at taking off and landing
e.g., Osaka International Airport Case

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2 Difficulties in Judicial System to
Settle Environmental Disputes

 Establishment of cause-effect relationship is difficult.

Complexity of the cause of pollution
Reluctance of company and government to investigate the
cause of pollution
Need for knowledge or research of experts and large amount of
money

 Specifying the detail of damages is difficult.

Long duration of pollution
Widespread and serious damages

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3 ADR(Alternative Disputes
Resolution) System of Japan
3-1. Characteristics of the System
(1) Employment of professional knowledge
and expertise
(2) Fact-finding on official initiatives
(3) Quick settlement of dispute
(4) Lower-cost alternative
(5) Simplified procedure
(6) Follow-up system
(7) Reflecting the commission’s experience
on environmental policies
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3-2 Organizations
● 7 commissioners including a chairman
・ Nominated by the Prime Minister with consent of
the Diet
・ Present chairman: ex-Chief Judge of a high
court
・ Three of the members (including chairman) have
certificate of attorney.
・ One of the members has a certificate of medical
doctor
●Assistance of the Secretariat
・ Secretariat has 39 personnel including 8
examiners: some of the examiners have
certificate of attorney and others have enough
experiences as officials at the Ministries of Japan
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3-3 Ｔｙｐｅｓ ｏｆ Ｐｒｏｃｅｄ
ｕｒｅｓ
１） Mediation
2） Conciliation
３）Ａｒｂｉｔｒａｔｉｏｎ
４）Ａｄｊｕｄｉｃａｔｉｏｎ
a)Cause-effect Adjudication
b)Damages Responsibility
Adjudication
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 3-４ Proceedings (Adjudication)
Request of Adjudication
on Cause from Courts Filing a case

technical
experts
Adjustment of issue Conciliation ｂｙ
Parties
state their

ａｕｔｈｏｒｉ
allegations
and submit Examination Fact-finding on
ｔｙ
evidence of evidence official initiatives

Termination of oral proceedings

Judgment
Settlement
Sending Award
Document to Courts Execution Appeal

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4 Conclusion

Strengths of this System

• Lower-cost alternative
• Employment of professional knowledge and
expertise
• Fact-finding on official initiative

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Thank you very much for your
attention!

Kitakyushu City , Now.

For further information :
http://www.soumu.go.jp/kouchoi/english/index.html

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