Tadashi Otsuka

Professor of Law at Gakushuin University
(1-5-1, Mejiro, Toshima-ku, Tokyo 171-0031 Japan)

Abstract

Recently two new laws regarding recycling have been enacted by the Japanese Diet. One pertains to containers and packaging. The other pertains to electrical appliances. Under these laws businesses are held responsible for recycling the waste products they produced. With regards to electric appliances, businesses are also under obligation to recuperate them for a charge. In order to avoid the division between waste management and recycling, which hinders the development of recycling strategies, a framework comprehensive law for developing waste management and recycling programs should be established. It is important that the idea of "Extended Producer Responsibility" be introduced within this law. Producers should be held responsible for the recuperation of waste products without a charge, when it is supposed that they are the ones who lay the burden on the environment vis a vis the quality or the quantity of their waste products.

Key words: waste disposal, recycling, Polluter-Pays-Principle, extended producer responsibility, take-lack-system