日本における環境上の化学物質法制度の現状と課題

Abstract

Japan has developed its chemical substances institutions regarding environment revolving around Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc. (hereinafter the Act). The Act focuses on risk management systems of chemical substances, in particular, the enforcement of risk assessment system and the management for their circulation in market. Key elements of regulating chemical substances are as follows; firstly, how to rationalize the authority of regulation in the face of scientific uncertainty of chemical substances; secondly, how to design legal institutions throughout the life cycle of chemical substances such as manufacturing, importing, circulating, consuming, discarding, or recycling etc. This article reviewed the issues as follows; first, risk assessment systems and application of the principle of prevention, second, stakeholders' participation in risk communication and decision making procedures, and establishment of management system throughout life cycles of chemical substances. Regarding the first issue, the Act seemed to be advanced through the revision of the Act. However, it is advised to develop various legal issues among three major actors to facilitate information flow from upper stream to down stream, further to consumers. These three major actors include upper stream businesses, their counterpart such as manufacturers, circulators, and consumers, and the regulators. They can be potential culprits or victims. It is realistic that a single regulating system of chemical substances may not be effective in dealing with both B to B phase between manufactures and distributors and B to C phase between distributors and comsumer with different regulating authorities and legislation. It implies that a different logic may be used in the case of local residents' participation in risk communication. The challenge is how to develop comprehensive chemical substances management systems overcoming these barriers.