日本における経済成長と環境 －公害· 環境規制をめぐる「法と政策」の視点から－

In Japan, the problem of environmental pollution [public nuisance] actualized as the negative side in the process leading to high economic growth from postwar reconstruction. About the relief and prevention of pollution damage, the efforts by some local governments preceded first. On the other hand, the efforts by the national government, under the idea of trying to promote the industry as a national policy, were limited to emergency measures. Then, as a turning point that Four Major Pollution Related Diseases occurred, Basic Law for Environmental Pollution (1967) was enacted and the Environment Agency was established as competent authority of environmental policy. Thereby, the legal systems of the regulations for the sources of pollution based on environmental quality standards and effluent standards came to be established. However, in the 1980s, under the influence of the oil crisis, environmental policy stagnated and retreated. The essential factor was that “urban and lifestylerelated pollution” has expanded; it was caused by a significant shift in industrial structure. Nowadays, in addition to the measures on the industrial pollution issues, the measures on “urban and lifestyle‐related pollution” or global environmental issues are required. However, against those problems, the traditional regulation technique [command and control approach] does not fit easily and the comprehensive planning measures are needed. And those circumstances led to the enactment of the Basic Environment Law (1993).