だれが法廷に立てるのか : 環境原告適格の比較法的な一考察

概要

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Under the current Japanese law and judicial precedent, no one has standing to protect natural environment which is about to be destroyed. In other words, no one can challenge administrative decision such as a permit for development in the court. This is one reason why we are unable to abate so many unnecessary or environmentally undesirable public projects notoriously well-known as public works. As a result, we have lost many environmentally precious places, some of which are equivalent to world natural heritages. On the other hand, the U.S. law and judicial precedent have leniently expanded standing in environmental cases to the extent that whoever uses some places on the verge of destruction by development projects involving administrative decisions is entitled to judicial review. This article introduces such environmentally advisable U.S. standing law and urges the Japanese court to change their stubborn attitude on environmental standing.
2002-07-20