Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The relation between law and technology in Japan: liability for technology-related mass damage in the cases of Minamata disease, asbestos, and the Fukushima Daiichi nuclear disaster

The relation between law and technology in Japan: liability for technology-related mass damage in... There are two aspects to the relation between law and technology. While on the one hand law promotes the development of technology, on the other it regulates its application and use especially regarding the protection of health and property. Japan has experienced many cases of technology-related mass damage, including the well-known examples of Minamata disease, the negative effects of asbestos on public health, and the Fukushima Daiichi nuclear disaster. In the 1960s, industrial pollution was the cause of widespread instances of damage to public health. This triggered a series of lawsuits which developed into a whole new area of tort law. In these cases of industrial pollution, it was established that private companies as polluters bear legal responsibility for the harm they caused. Since the 1980s, tort law has seen a new level of development: legal responsibility is no longer restricted to the direct polluter exclusively but has been expanded to include the State as the regulator. This article focuses on the relationship between the regulatory and promotive functions of technology-related law based on an analysis of the Minamata disease, asbestos, and Fukushima Daiichi disaster cases. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Contemporary Japan Taylor & Francis

The relation between law and technology in Japan: liability for technology-related mass damage in the cases of Minamata disease, asbestos, and the Fukushima Daiichi nuclear disaster

Kawamura, Hiroki
Contemporary Japan , Volume 30 (1): 25 – Jan 2, 2018
Download PDF

The relation between law and technology in Japan: liability for technology-related mass damage in the cases of Minamata disease, asbestos, and the Fukushima Daiichi nuclear disaster

Abstract

There are two aspects to the relation between law and technology. While on the one hand law promotes the development of technology, on the other it regulates its application and use especially regarding the protection of health and property. Japan has experienced many cases of technology-related mass damage, including the well-known examples of Minamata disease, the negative effects of asbestos on public health, and the Fukushima Daiichi nuclear disaster. In the 1960s, industrial pollution...
Loading next page...
 
/lp/taylor-francis/the-relation-between-law-and-technology-in-japan-liability-for-3Nos7yZXbg
Publisher
Taylor & Francis
Copyright
© 2018 German Institute for Japanese Studies
ISSN
1869-2737
eISSN
1869-2729
DOI
10.1080/18692729.2018.1423459
Publisher site
See Article on Publisher Site

Abstract

There are two aspects to the relation between law and technology. While on the one hand law promotes the development of technology, on the other it regulates its application and use especially regarding the protection of health and property. Japan has experienced many cases of technology-related mass damage, including the well-known examples of Minamata disease, the negative effects of asbestos on public health, and the Fukushima Daiichi nuclear disaster. In the 1960s, industrial pollution was the cause of widespread instances of damage to public health. This triggered a series of lawsuits which developed into a whole new area of tort law. In these cases of industrial pollution, it was established that private companies as polluters bear legal responsibility for the harm they caused. Since the 1980s, tort law has seen a new level of development: legal responsibility is no longer restricted to the direct polluter exclusively but has been expanded to include the State as the regulator. This article focuses on the relationship between the regulatory and promotive functions of technology-related law based on an analysis of the Minamata disease, asbestos, and Fukushima Daiichi disaster cases.

Journal

Contemporary Japan – Taylor & Francis

Published: Jan 2, 2018

Keywords: Law and technology; liability; mass damage; industrial pollution; asbestos; Fukushima Daiichi nuclear disaster

References

  • Channeling of nuclear third party liability towards the operator. Is it sustainable in a developing nuclear world or is there a need for liability of nuclear architects and engineers?
  • Fukushima genpatsu-jiko no songai o dō kangaeru ka [What do people think about the damage caused by the accident of the nuclear power plant in Fukushima?]
  • Staatshaftung für Asbestschäden. Zur Entscheidung des Distriktgerichts Tokyo vom 5. Dezember 2012 [State liability for asbestos damages. On the decision of the Tokyo District Court on December 5th, 2013]
  • Schadenersatz bei Suizid eines Nuklearopfers. Zur Entscheidung des Distriktgerichts Fukushima vom 26. August 2014 [Compensation in a case of suicide of a victim of nuclear energy. On the decision of the Fukushima District Court of August 26th, 2014]
  • Minamata-byō kaiketsu to byōzō-ron [Solution of the problem of the Minamata disease and the debate on the disease picture]
  • Minamata-byō kokka baishō soshō no tenkai [The Development of the state liability trial on the Minamata disease]
  • Owaranai minamata-byō mondai to minji-baishō no kadai [The never-ending problem of the Minamata disease and private law compensation]
  • Genshiryoku „kokusaku min’ei“ hōshiki no hikari to kage [Light and Shadow of the “privately run state program of nuclear energy]
  • Minamata-byō no nintei mondai to niji-soshō [Problem of the recognition of the Minamata disease and the second trial wave]
  • White Paper on Environment in Japan 2006
  • Fukushima genshiryoku hatsudensho jiko ni tomonau kokkabaishô-seikyû-soshô [State liability trials on the accident of Fukushima Daiichi nuclear power plant]
  • Rescuing victims and rescuing TEPCO. A Legal and political analysis of the TEPCO Bailout
  • Minamata dai-sanji soshō hōkoku [Report on the Third Minamata disease trial]
  • Sennan asubesuto kakka baishō seikyū soshō [Sennan Asbestos trial on state liability]
  • Gyōsei shidō und Sanktion [Gyōsei shidō and sanctions]
  • Speech Held at UN Conference On the Environment of Man (in Japanese). Ministry of Environment
  • Minamata-byō kansai-soshō saikōsai hanketsu no igi to kadai [Meaning and remaining questions of the judgement in the Minamata Kansai trial]
  • Kumamoto minamata-byō. Kyūsai no genjō to tenbō [Kumamoto Minamata disease. Present situation of legal remedies and outlook]
  • Minamata-byō kaiketsu to soshō no yakuwari (Solution of the problem of the Minamata disease and the role of trials)
  • Minamata-byō hanketsu ni okeru songai-ron [Damage theory in the judgement of the Minamata disease trial]
  • Kumamoto Minamata-byō soshō no keii [Course of Kumamoto Minamata disease trials]
  • Das abfallrechtliche Anlagengenehmigungsverfahren in Japan. Lösungsansätze zur Formalisierung des informellen Vorverfahrens [The authorization procedure of waste plants under the Waste Law in Japan: Approaches towards a formalization of the informal Preliminary Proceedings]
  • Sennan asubesuto kokka baishō seikyū soshō dai-ichi-jin jōkoku-shin hanketsu [First appeal regarding trial on state liability in the Sennan Asbestos case]
  • Sennan asubesuto kokubai soshō kōsoshin hanketsu no mondaiten [Issues in the judgment of the appellate court in the sennan asbestos state liability trial]
  • Fukushima daiichi genpatsu-jiko. higai-songai-baishō wo meguru hōteki kadai [Legal questions about the compensation of damages as a result of the accident of the Fukushima Daiichi nuclear power plant]