從國際與日本法制探討環境權之概念

A Study on the concept of Environmental Right from the perspective of international and Japanese law system

時聞媒體報導各地因全球暖化而引發氣候異常，提醒著我們須嚴肅地正視環境問題。環境保護議題長久以來受到各界重視，不論是環境污染所導致之清除問題，抑或是因全球暖化所生氣候異常，如何維護個人存續之自然環境與生態？需要來自於各方的努力。對此，各國均致力於解決環境問題，甚至透過合作或建立相關機制，藉以回應「永續發展」之目標。對於環境保護本身，若透過法律加以規範，其可能透過不同形式呈現，其中也包括對 於「環境權」概念之建構。然而環境權概念本身所指涉的範圍尚待釐清，加上其在適用上也常引發爭執，從而如何建構環境權之概念並加以援用？實有探討之必要。本文試著探究環境保護於國際上之發展，並試圖回顧國際上於建構此一概念的探討，同時對 照日本法制對該概念所面臨之課題，冀望從中獲得啟發，並期能對台灣在探討環境保護議題上能有所幫助。

Sometimes we hear that some place has been polluted due to waste disposal, which affects the lives of nearby residents, we also see the news that the destruction of the environment leads to the loss of people’s lives and property. These events remind us to face the environmental issues. In fact, the environmental protection is an old issue, but with the increase of pollution and drastic climate change, it faces the new challenge. So how should we solve it? It requires efforts from different aspects, including legal concern. Today, there are many litigations around the world, which are caused by climate change, and lots of lawsuits have prompted relevant legislation or legal action to response the goal to sustainable development. Since the environment is very important for people, so how can we do to have a healthy environment for us? Some people try to contracture the right to a healthy environment, not only providing people with a healthy living space, but also reflecting the country’s emphasis on environmental benefits. However, this concept has not been generally accepted, because the concept itself is not specific enough, sometimes the environmental interests need to compromise with other public interests, so there will be difficulties to implement it. This study attempts to analyze the context of the right to a healthy environment, and reviews the application in different situations under the constitution or related legal systems, then it can provide some advice for the government in dealing with environmental issues in the future.