The Consequences and the Issues of the Basic Act for Establishing Recycling-based Society

Tadashi Otsuka
Professor of Law, Waseda University
(1-6-1, Nishi-Waseda, Shinjuku-ku, Tokyo 169-8050 Japan)

Abstract
Today, our socioeconomic system, which is based on mass production, mass consumption and mass disposal of products, causes many problems, such as increasing stress to the environment and the shortage of sites for the disposal of waste. To solve these problems, we need to consider the total material circulation. From this point of view, the Working Group for integrated legislation for Waste Disposal and Recycling proposed a new framework law in 1998. There are three main points to our proposal. Firstly, the framework law needs to provide each person's responsibility and legally clarify the Extended Producer Responsibility. Secondly, the framework law has to give priority to reducing waste and recycling than to the disposal of waste. Finally, it is necessary to set out targets and act systematically with plans.
In this paper, I will refer to the Basic Act for Establishing Recycling-based Society in 2000, and I will also point out issues caused in establishing a recycling-based society, comparing the above-mentioned proposal with the act and the amendment to the Waste Disposal and Public Cleansing Act.

Key words: material circulation, Extended Producer Responsibility (EPR), the Basic Act for Establishing the Recycling-based Society, shared responsibility