Summary of "法学部　地球環境法学科　体験授業"

Summary of the Video: 法学部地球環境法学科体験授業

(Faculty of Law - Department of Global Environmental Law - Trial Lecture)

Main Ideas and Concepts

1. Purpose and Scope of Environmental Law

Environmental law supports humanity’s sustainable existence within the ecosystem by regulating human activities impacting the environment at global, national, local, and individual levels.
It is an interdisciplinary field involving social sciences (economics, politics, ethics) and natural sciences (biology, physics).
The core challenge is changing human behavior to be more environmentally friendly through legal means.

2. Academic Approach to Environmental Law

Studies laws regulating pollution, waste, water quality, wildlife, and more.
Covers domestic laws, local ordinances, and international treaties (e.g., the Paris Agreement).
Specialized courses include:
- General environmental law
- Environmental litigation
- Corporate environmental law
- Nature conservation law
- Waste recycling law
International environmental law courses examine legislation in the US, EU, China, South Korea, Taiwan, etc.

3. Structure of Environmental Law Education at Jōchi University

Introductory course consists of 14 weekly classes (100 minutes each), covering:
- Basic principles of environmental law
- Environmental impact assessments
- Public officials and law
- Waste management and water quality
- Dispute resolution
- Corporate environmental law
- International environmental treaties
The university has a large faculty including professors and outside experts (consultants, lawyers) who bring practical perspectives.
Professors collaboratively authored a unique visual textbook on environmental law used in the course.

4. Research in Environmental Law

Requires perseverance (“hang in there”) and creativity to solve complex problems.
Involves collecting and organizing data, writing papers, and engaging in persuasive discussions.
Research is a continuous process of overcoming new challenges and deepening understanding.

5. Historical Background and Case Studies

Environmental law in Japan emerged in the 1970s amid rapid economic growth.
Major pollution lawsuits highlighted the need for legal protections, including:
- Niigata rice disease
- Yokkaichi asthma
- Kumamoto disease
The Kumamoto case involved methyl mercury pollution causing severe health damage through bioaccumulation in the food chain.
Governments initially protected businesses over residents, reflecting economic priorities at the time.
These cases emphasized the importance of human health and the need for preventive legal measures.

6. Legal Principles in Environmental Law

Causality is crucial: perpetrators can only be held liable if their actions caused harm.
Laws aim to prevent damage before it occurs by regulating potentially harmful activities.
Environmental law balances competing interests (e.g., economic development vs. health protection).
Laws apply to categories of people or activities rather than specific individuals.
Enforcement includes obligations, orders, and penalties to ensure compliance.

7. Systematic Structure of Environmental Laws

The Basic Environmental Law is the overarching framework.
Specialized laws exist under it, such as:
- Basic Law on Recycling
- Basic Law on Biodiversity
Laws share common elements:
- Purpose
- Scope
- Regulated targets
- Degree of regulation
- Obligations
- Responses to violations
Laws evolve through amendments to address emerging issues and improve effectiveness.

8. Challenges in Environmental Law

Laws are abstract and cannot cover every specific situation, leading to gaps or conflicts.
Some environmental protections occur by chance rather than regulation, causing disputes when changes occur.
Examples include disputes over building regulations and aesthetic issues in local communities.
Environmental crime often stems from economic motives and is difficult to detect and prosecute due to limited resources and deliberate concealment.

Methodology / Instructions Presented

Studying Environmental Law:
- Understand the interdisciplinary nature combining social and natural sciences.
- Learn the structure and content of domestic and international environmental laws.
- Engage with practical case studies and real-world legal disputes.
- Collaborate with experts and use specialized textbooks authored by faculty.
- Develop perseverance and critical thinking to research and solve complex environmental legal issues.
Legal Analysis in Environmental Cases:
- Identify the cause-effect relationship between actions and harm.
- Evaluate competing interests and balance them through legal frameworks.
- Apply laws systematically by understanding their purpose, scope, and enforcement mechanisms.
- Use precedent cases to understand how courts interpret environmental laws.
Preventive Approach:
- Focus on preventing environmental damage before it occurs.
- Regulate potentially harmful activities proactively.
- Recognize the importance of legal obligations and penalties to enforce compliance.

Speakers / Sources Featured

Yoshinobu Kitamura — Professor, Faculty of Law, Jōchi University; main lecturer and narrator of the video.
Professors Kuwabara, Horiguchi, Kamimura, Tsune, Ohashi — Faculty members involved in teaching environmental law at Jōchi University.
Outside Experts — Environmental consultants and lawyers contributing practical knowledge to lectures.
References to Legal Cases and Historical Events:
- Niigata rice disease
- Yokkaichi asthma
- Kumamoto disease
- Daigaku-dori apartment case
- Mako-chan House incident
Jōchi University Environmental Law Professors Group — Collective authors of the visual environmental law textbook used in the course.

This summary captures the essence of the trial lecture on environmental law, emphasizing the academic approach, legal principles, historical context, and educational methodology presented by Professor Kitamura and colleagues at Jōchi University.