Microsoft Word - C9122E.doc.pdf

This study compares legal systems for environmental protection in Sweden, Japan, and the United States of America, providing a detailed analysis of their basic laws, institutions, sectoral regulations, and implementation methods. The primary objective is to offer legislative reference information on modern environmental law, addressing the growing concerns related to environmental degradation and pollution across various sectors, including agriculture, forestry, and fisheries.

Introduction:

The study aims to fill a gap in available legal resources by examining three significant legal systems: Sweden, Japan, and the US. It categorizes environmental law into four stages: primary protection, use allocation, resource conservation, and ecological control, each representing a distinct approach to environmental regulation. The text highlights the relevance of these systems to developing countries, emphasizing that effective environmental law should be an integral part of development strategies.

Key Findings:

1. Sweden: Emphasizes primary protection through its Environment Protection Act, focusing on water and air management, conservation of natural and cultural assets, and control of environmentally dangerous substances. It utilizes licence proceedings and remedies for implementation.

2. Japan: Adopts a comprehensive approach with the Basic Act for Environmental Pollution Control, covering water and air management, conservation efforts, and hazardous substance regulations. It includes criminal and civil liability for pollution and public compensation mechanisms.

3. United States of America: Features sectoral regulation through acts like the National Environmental Policy Act and the Environmental Quality Improvement Act. It promotes environmental impact statements and litigation as implementation tools.

Conclusions:

- Common trends include a shift from defensive to proactive measures, with a focus on resource conservation and ecological control.
- Developing countries can learn from these systems, adapting them to their specific needs for sustainable development and environmental protection.