Current Issues in Legal Policy for Recovery from the Aftermath: One Year After the 3.11 Tôhoku Earthquake and Tsunami

Abstract

My report deals with four practical topics concerned with legal and public policy in view of the current situation one year after the 3/11 Tôhoku earthquake and tsunami. First, it examines whether the government sufficiently performed its crisis management tasks, mainly supplying the basic goods of water, food and information. In addition, it will be considered which functions and operations of these tasks and functions should be improved in preparation for future disasters, especially in relation to strengthening the cooperation between the public and private sectors. Second, on the way to recovery from the aftermath of the tsunami, new city planning is necessary for ensuring the safety of the affected areas. Regarding this concern, legal issues are clarified in terms of building restrictions, purchase of the affected residential land, hillside housing developments and so on, together with the issue of financial resources for these public policies. Third, the relation of private law to crisis management is considered, mainly on the matter of so-called double loans which have arisen from the situation. These loans are descriptive of some private households, as well as private enterprises, who, while unable to meet the obligations of housing or business loans because they have lost their assets through the earthquake and/or the tsunami, are needing to rebuild their house or company, which requires new financial resources. Fourth, this paper also deals with whether the on-going legal scheme and practice works effectively in compensating damages caused by the radiation from the Fukushima nuclear power station, in regard to the amount of the compensation, the judgment of causation, the range of concerned parties and so on.