Control of land-based sources of marine pollution in Japan : a legal analysis

Land-based sources of marine pollution (LBSMP) which enter marine waters through various pathways have become the dominant threat to the protection of the world's marine environment. Therefore, the use of marine resources in a sustainable manner and the effective prevention and control of pollution are prerequisites to ensuring the protection of the marine environment and improving the health of oceans. The severe environmental consequences of LBSMP can be demonstrated in a number of areas including public health, food resources, marine species integrity and health and survival. According to a survey conducted by the Environmental Agency of Japan, the concentrations of various types of hazardous substances including land-based sources of pollutants in seas adjacent to Japan are heavy. Although a number of legal and policy initiatives have been undertaken to control LBSMP, questions remain as to how effective the present arrangements are. The objective of this article is to identify the strengths and weaknesses of, and opportunities for, LBSMP control in Japan. The article identifies the sources of LBSMP in this area and reviews legal and institutional arrangements and mechanisms in Japan. It highlights the key pollutants of LBSMP in Japan and presents international instruments of LBSMP control. National activities for LBSMP control in Japan are then analysed. Implementation of international instruments, national legislation, national policies and programmes, marine environmental education and public participation are highlighted and evaluated in this respect.