Evaluation of Non-Regulatory Legal Instruments in Environmental Law - Focussing on Legal Countermeasures Against Global Warming

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1 This Research aims to evaluate non-regulatory legal instruments, focussing on legal countermeasures against global warming ; ie , voluntary approaches and voluntary agreements in particular.2 About 40 percents of CO2 emmision come from the indusrial sector in Japan. The "Keidanren's Voluntary Approach" is one of the most important contermeasures in this sector which has been incorporated into the golobal warming stratgegy of the Government of Japan, which is called the "Promoting Guideline for Coutermeasures against Global Warming".3 Methods of evaluation in this research consists ofa - evaluation of weights of these two instruments (voluntary approaches, voluntaty agreements) in comparing with the final CO2 reduction goal ;b - evaluation of how to manage the instruments to attain their goal (transparency, evaluation by a third party) ;c - evaluation of how to get compliance.4 The "Keidanren's Voluntary Approach" would be given good points from the view point of 3-a mentioned above, but not good points from that of 3-b and 3-c.5 The legal instrument "voluntary agreements" have been applied since long time ago as coutermeasures against environmental pollution in local governmental level in Japan. In several EU countries such instruments are introduced as coutermesures against global warming.Voluntary agreements could be given good points from the view point of 3-b and 3-c. As to 3-a, good or bad evaluation depends on how to invite enterprises to conclude such an agreement : question of how to make an incentive to conclude an environmental agreement.