Atsushi Miyazaki

Water Law and Civil Law

Comprehensive Study of Water Law

I am conducting comprehensive research on water law. In particular, I have written essays on the legal theory of water conservation and utilization from the perspective of property law. The results of my research can be broadly divided into three areas: 1) consideration of the right to use water and its legal protection in American water law, 2) analysis of the right to use water in Japan, and 3) consideration of the theory of groundwater and water source conservation in Japan. I have published a collection of essays summarizing the results of my research, titled "Principles of Water Resource Conservation and Utilization - Basic Theory of Water Law" (Seibundo Publishing).
In the future, I would like to use these research results as a basis for conducting research on theories for the conservation of water sources and legal theories for the reallocation of water resources.

Water has a "public" nature, as it is recognized as a valuable asset shared by the nation and of a high public nature. At the same time, the "private" nature of water cannot be denied, in the sense that the right to use water (water rights and groundwater usage rights) is a property right. We are engaged in research and education with an awareness of how to view these "public" and "private" aspects of water from a legal perspective.
Research and education in water law requires approaches from various perspectives. For example, the relationship with the use of land, which receives water, must be approached from the perspective of civil law property law, water pollution must be approached from the perspective of tort law and the Water Pollution Prevention Act, and the water environment and water cycle must be approached from the perspective of the Basic Act on Water Cycle. I would like to approach my research and education with an emphasis on analyzing water issues from multiple perspectives.

Global Lawyers Program

"Basic Study of Civil Law: How to Interpret the Civil Law through Case Studies"

We experience a variety of events in our daily lives. Civil law is a legal system that sets out the rules governing these events (it is the basic law of daily life as well as the basic law of business transactions). Therefore, civil law can be said to be a norm that guides the actions we should take and resolves problems when they arise.

However, lectures on civil law such as the General Provisions of the Civil Code and the Property Law often focus on abstract theories and system intent, and it seems that in many cases students do not have a clear understanding of how these actually function in society or what meaning they have. Therefore, by reading court cases in which theories and systems of civil law have been applied in real society, I would like students to deepen their understanding and feel closer to civil law.

The objectives of the seminar are twofold: first, to deepen understanding of the fundamental issues of civil law theory and systems, and second, to learn how to interpret civil law through understanding of the issues.

The class is conducted through group collaborative learning. In groups of about five people, students discuss legal precedents and academic theories, and draw their own views based on the discussion. The approach of learning and deepening the interpretation of civil law through discussion cultivates an attitude of independently challenging academic subjects and develops the ability to think for oneself.

I look forward to learning civil law with you all.

Water is essential for the survival of living things. Recognizing that water is in a critical situation due to abnormal weather caused by global warming and pollution caused by harmful substances, I would like to discuss legal systems that harmonize the conservation and use of water resources in order to build a sustainable social system.