Examining legal issues related to weather control
In this research item, we identify legal barriers to the experimentation and implementation of weather control measures, and, relying mainly on literature review, examine disaster countermeasure-related legislation and the theoretical trends surrounding it, to develop a method to reflect the unique conditions of weather control measures in the legal system and a mechanism to compensate for the negative effects of weather control measures. Specifically, we are: 1) clarifying the procedural and organizational issues in the legal system related water-related disaster countermeasures, 2) examining individual water-related disaster emergency countermeasures, 3) clarifying the theoretical trends surrounding Japan’s flood control policy, 4) examining the insurance system contributing to weather control, and 5) considering the national compensation system contributing to weather control. Based on these results, we aim to formulate an action plan necessary for the resolution of legal issues related to weather control.
Item 7-1Examining social system for weather intervention
Principal investigator: Tatsuya Shigemoto
Outline
From the perspective of administrative law, we examine the institutional significance of weather control primarily undertaken by the administrative organizations, the appropriate distribution of authority, various coordination procedures, and other legal issues, while considering constitutional values and the realization of related interests. For example, we compare and examine relevant laws regarding flood disaster prevention both domestically and internationally (such as the Basic Act on Disaster Management, the Meteorological Service Act). Based on the findings from other research items, we explore proposals for social system design from the perspective of administrative law.
Methods
Focusing on the reason for the “related” nature of the relevant laws, we collect and analyze literature centered on a close comparative study of these laws. Additionally, we regularly hold interdisciplinary research meetings involving other principal investigators of this project to refine and share insights. We invite a broad range of domestic and international researchers or businessperson with specialized knowledge necessary for designing legislative and institutional guidelines related to weather control. Furthermore, we conduct interview surveys targeting these experts to accurately and thoroughly gather information on new weather control methods and legislative techniques. We also try to visualize the provisional research outcomes aimed at designing the aforementioned guidelines by creating lists and maps as appropriate. In addition, by referencing research outcomes related to citizen participation in science and technology assessments within the core study, we plan workshops and similar events open to the general public as early as possible, thereby preventing public opposition.
Importance
In order to formulate guidelines for social systems related to new methods of weather control, new ideas are required. For example, while discussions have primarily centered around the relationship with bioethics, there is still insufficient examination of the ELSI or RRI in the context of weather control. It would be highly beneficial to deepen these discussions, taking into account public sensibilities. Due to the scale of the weather control methods, it is generally assumed that the primary stakeholders will be governmental organizations. Additionally, from a legal perspective, it is necessary to identify the institution basis of these methods. In order to ensure the implementation and continuous development of these methods, it would be highly beneficial to establish stale legitimacy through laws enacted via rigorous procedures by representative bodies of the public. Therefore, exploring legislative guidelines and other institutional frameworks from an administrative law perspective to facilitate the effective implementation of weather control is essential.
However, the effectiveness of laws and social systems that support the implementation of weather control (including experimental stages) can only be recognized when they are closely aligned with existing legal frameworks, such as the Constitution and other disaster prevention policies. But the thing is that there are significant challenges within the existing disaster prevention laws and regulations themselves.
For example, with regard to emergency response to water-related disasters, under the Basic Act on Disaster Management, which serves as the general law for disaster prevention and emergency response, regional disaster plans must be reviewed annually by local governments’ disaster prevention councils. On the other hand, under the Flood Prevention Act, which has undergone frequent revisions and is now indispensable for mitigating the impacts of water disasters, the implementation managers from designated flood control organizations (typically headed by mayors or municipal leaders). These measures must be based on flood control plans, which are also reviewed annually following investigation and deliberations by flood control advisory councils. In recent years, the Flood Control Act has introduced the establishment of Large-Scale Flood Disaster Mitigation Councils, which not only involve various administrative institutions such as the Japan Meteorological Agency but also include multi-sectoral cooperation with entities like railway operators, lifeline service providers, and other relevant stakeholders. These councils are responsible for creating a flood response timeline (a disaster prevention action plan before and after the event). Moreover, it has become a policy imperative to monitor and assess the operation of these plans, drawing on successful experience from the United States. Therefore, coordination between these plans- particularly, the modern significance and challenges of flood control plans-needs to be reconsidered from various perspectives. These include the declining availability of personnel in a society with a shrinking population, the prevention of secondary damage to these individuals, and the need to address the insufficient guidance and communication systems for flood control personnel, which have been evaluated as deficiencies in river maintenance management in some court rulings. Additionally, comparisons should be made with national protection laws designed to safeguard citizens’ lives and property in the event of external military threats, as well as with business continuity plans (BCP) aimed at minimizing damage and ensuring the rapid return to normal operations. This reconsideration should also take into account constitutional rights and freedoms, as well as the practical operation of these plans, which may have become ritualized due to repeated discussions. From similar perspectives and considerations, it is also important to examine, from a procedural law standpoint, the current regulation of processes such as the exercise of public burden rights (e.g., temporary land use) by private contractors delegated by flood control managers. It is also essential to reassess the role and limitations of municipalities (including mayors and relevant department staff), which not only serve as the primary creator of these plans but are also designated as “basic local governments” under the Basic Act on Disaster Management. In addition, municipalities play a crucial role in various other water disaster prevention frameworks, such as flood control organizations, public sewage management authorities, and river management for designated rivers. In recent years, with the repeated amendments of the Flood Prevention Act and the development of basin flood control projects, including laws related to integrated river basin management, municipalities are increasingly being legally assigned a wide range of roles. The importance of this reassessment becomes particularly evident when considering the special legal system developed for large-scale, severe, and man-made disasters, such as those related to nuclear accidents. In the case of nuclear disaster-related legislation, despite the adoption of systems where the involvement of local municipalities, including those in the vicinity of nuclear power plants and surrounding residents, remains weak, cooperation with these stakeholders is ultimately sought through the conclusion of nuclear safety agreements between power companies and local governments concerning evacuation measures. Given this situation, it is clear that for research focused on extreme weather-related disasters, such as severe storms and flooding, similar challenges in securing understanding and cooperation from local communities cannot be easily dismissed.
There are many tasks over even existing legislation on disaster prevention, so it is expected that sharing information with fishery personnel, shipping or air companies, etc., paying attention to the surrounding environment or countries due to the use of maritime may become a problem when weather control implements. It is important to consider such issues along with legislative and other guidelines that contribute to the implementation of weather control.
The examples of EU Member States, which have established, operate and continuously review an international coordination system, an economic method such as insurance, and a flood risk management plan based on PDCA cycle, seem to be useful.
The legal discussion regarding the above matters must, of course, be closely aligned with existing debates, and as such, the approach will inevitably follow conventional methods similar to those outlined in the “Methods” above. Nevertheless, the “Methods” outlined above, which pursue an interdisciplinary and citizen-accessible, multi stage communication platform that is not confined within the framework of the law community, should be recognized for their certain degree of novelty and significance.
Expected problems and solutions
The understanding of the candidate weather intervention measures is essential for this study, which focuses on the administrative and legal considerations required to implement new weather intervention strategies at relieving society from the damages caused by heavy rainfall. However, understanding these measures, which require the latest insights from meteorology, meteorological engineering, and hydraulic engineering, may often pose challenges for researchers whose expertise lies primarily in law. However, through opportunities for close communication in interdisciplinary research meetings and similar settings, we aim to promote and gradually advance this understanding. This process is essential for the eventual implementation of intervention measures and will also contribute to the refinement of communication techniques necessary to efficiently gain public understanding.
Additionally, as a result of this examination, it may become apparent that there is little need to devise “specific” legislative or other institutional guidelines for the candidate intervention measures. However, in such a case, clarifying and organizing the reasons for this lack of need will itself provide highly valuable insights into the extent to which existing laws and other social systems can accommodate advancements in science and technology.
Members
Item 7-2State compensation for weather control
Principal investigator: Takuya Kondo
Outline
Legislative process is essential for the social implementation of weather control. In particular, given the risks associated with issues such as droughts and impacts on fisheries, the design of a compensation system is essential. We conduct a comparative analysis with the problem scenarios envisioned by existing laws and clarify the compensation system required for weather control.
Methods
While focusing on the collection and analysis of relevant literature, we participate in interdisciplinary research meetings with other researchers involved in this project, aiming to refine and share insights. Additionally, we conduct interview surveys with domestic and international researchers and business persons who possess the specialized knowledge necessary for designing a compensation system for weather control. Through this, we aim to acquire accurate and comprehensive information on new weather control methods and legislative techniques. We aim to publish provisional research findings as early as possible in order to invite public scrutiny and feedback.
Importance
Since weather control methods inevitably carry risks, such as impacts on droughts and fisheries, it is essential to establish a compensation system for cases where these risks materialize. Given that weather control will be implemented with full awareness of these potential risks, the development of such a compensation system is a fundamental requirement for the social implementation of weather control. Although existing legislation, such as the Immunization Act and the Act on Compensation for Nuclear Damage, includes victim relief systems, there are aspects of weather control methods that cannot be easily addressed by directly applying these existing compensation frameworks. Issues such as risk distribution and the establishment of causality may present unique challenges that require tailored solutions beyond the simple adaptation of current systems. Therefore, identifying the legal barriers that exist in relation to the compensation system required for weather control, and determining how to overcome them through a comparison with existing legal frameworks, is an essential task in realizing a society freed from the damage of heavy rainfall thorough weather control methods.
Expected problems and solutions
For this study, which aims to guide the way for designing a compensation system for weather control implementation, understanding weather control method is crucial. However, understanding these methods, which require the latest insights from meteorology and engineering, often presents challenges for researchers who are relatively inexperienced in these fields. However, through close communication opportunities in the aforementioned interdisciplinary research meetings and similar forums, we expect to foster and gradually advance this understanding. The above process is necessary for the implementation of the intervention methods, and it is also expected to contribute to the refinement of communication techniques that will efficiently gain public understanding.
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Item 7-3Formulating rules for weather control implementation
Principal investigator: Satoko Fukushige
Outline
This study examines the role and authority of governments and public organizations in flood control and weather control. Specifically, we compare and examine relevant laws related to domestic and international flood disaster measures, and review the rules, systems and procedures for those responsible for weather control implementation. Through this examination, we identify the legislative issues that arise in the social implementation of weather control, as well as highlight the new institutional frameworks that may be required.
Methods
The challenges in formulating rules for those responsible for weather control can include a variety of issues. For example, there is the issue of discretion on the part of those on the ground. Whether or not to implement weather control must be decided within a relatively short period whenever a situation arises that calls for it. However, in cases where complex judgement is required, making a decision in such short time frame becomes difficult. To address this, it is necessary to establish criteria in advance for what kind of judgment should be made. Whereas, it is also necessary to allow for some flexibility in decision-making (discretion) to handle situations that could not have been anticipated in advance. Based on such consideration, it is necessary to examine what kind of rules should be established. In addition, for example, when the decision of the weather control implementer affects a large number of people, it is necessary to coordinate in advance before implementation. However, determining how to carry out such coordination is a difficult task. Moreover, although it is a slightly different issue, there is a concern that individuals may misuse weather control technology. How to prevent such misuse within a legal framework is also an important consideration.
In this study, we aim to clarify the legislative issues involved in establishing rules for those who implement weather control, and to establish a legislative framework to address the issues. This will be done by examining existing rules that have addressed similar challenges in the past as a reference for our approach. Specifically, regarding the issue of discretion at the field level, it seems useful to refer to rules such as those for dam operation and evacuation timelines, which are also designed to ensure accurate decision-making within a short time frame. Examining the content of these rules and the process of their formulation will provide valuable insights for our analysis. The issue of prior coordination among stakeholders is another challenge, and insights from the process of rule formulation in similar contexts are likely to be helpful in addressing this as well. In addition, in the case of weather control, there is a possibility that interests may extend beyond national borders, making it necessary to establish a legislative framework for international coordination of these interests. In this regard, frameworks such as those for preventing marine pollution or for the protection of international rivers from pollution could serve as valuable references. In this way, this study aims to develop a new legislative framework for implementation of weather control, drawing on existing rules as references.
Importance
It goes without saying that the research on the formulation of rules for the specific parties responsible for weather control is crucial for the effective implementation of weather control. The implementers of weather control must make decision on whether to proceed with the implementation within a relatively short time frame. Without pre-established roles, however, making such decisions can become extremely difficult. For example, when there are multiple parties with vested interests in weather control, it is nearly impossible to resolve these interests on-site during implementation. Therefore, it seems necessary to preemptively coordinate and formalize these interests into established rules. In this way, legislative rules regarding the implementation of weather control are essential and indispensable for the practical application of weather control technologies.
In creating such rules, there is as of now, no established legal theory to rely on. In areas such as dam operations, and flood evacuation, rules have been developed that are tailored to specific needs and characteristics of each respective domain. Weather control, regardless of the methods employed, is expected to raise legal issues that are fundamentally different from those encountered in previous cases. Therefore, it is not possible to simply apply existing rules as they are. That said, it is not possible to create rules for the implementation of weather control from scratch. Instead, it is necessary to investigate and organize the knowledge accumulated in individual domains, generalize it where appropriate, and then reconstruct it in accordance with the methods adopted in this study. This study aims to engage in such a creative process of research.
Weather control technologies are expected to involve large-scale artificial facilities that have not been seen before, and while there are concerns about potential misuse, it is clear that developing rules and guidelines for their implementation will not be easy, even when utilizing existing knowledge. However, despite the challenges, it is crucial to make progress on this issue. The new insights gained through this study may provide valuable knowledge for the future development of similar technologies. For these reasons, this study is crucial.
Expected problems and solutions
This study aims to clarify the legal challenges involved in formulation of rules for the implementation of weather control technology. Specifically, it will examine the content and formulation processes of rules such as those related to dam operations and evacuation timelines, for reference purposes. However, it is not yet clear at this stage whether a sufficiently comprehensive and substantial literature review can be conducted to adequately identify the challenges, particularly regarding the process of rule formulation. Since the examination of the rule formulation process is crucial to the objectives of this study, it will be necessary to expand the scope of prior studies and literature reviews in order to find relevant comparable examples. Additionally, it may be worthwhile to explore legal systems and legal theories in foreign countries that could serve as models in this context.
This study aims to examine the legal challenges involved in the rule-making process for weather control measures. However, depending on which specific weather control methods are ultimately chosen, it is likely that the scope and objectives of the research will need to be adjusted accordingly. To accommodate the need for such adjustments, it will be necessary to set the research scope more broadly in advance. Additionally, it will be important to hold regular meetings with other PI involved in the program to share each other’s research strategies and ensure coordination across the various studies.
Members
Item 7-4Insurance system for weather control
Principal investigator: Yuji Kamura
Outline
If weather control technologies were implemented in society, there could be a risk of physical and human damage in areas that would not have otherwise experience such harm. Therefore, it would be necessary to consider a compensation and insurance framework to address these potential risks. In this context, based on Japan’s traditional way of thinking, it would be possible to consider utilizing an “insurance” system to address these risks. In the field of insurance law, there has been discussions regarding the compensation for damages that may arise with the societal implementation of new technologies, such as autonomous driving, which has started to gain widespread adoption in recent years. Based on the ongoing discussions and insights from existing flood insurance systems, we consider and design a framework for the social implementation of weather control technologies. In addition, we examine how to appropriately divide roles between this framework and the national compensation system that will be explored in Item 7-2.
Methods
This study constructs an insurance system necessary for weather control implementation from the perspective of insurance law; specifically, 1) organizes current states and issues of the existing related laws (legislative rule on flood insurance, water damage compensation clauses in fire insurance, and the U.S. National Flood Insurance Program), 2) finds out legislative barriers related to planned weather control methods, 3) considers legislative barriers from the perspective of ELSI, and 4) drafts an action plan to solve legislative barriers. We mainly collect and analyze related literature, and gain and share knowledge by attending academic research meetings held by other PIs. In order to design the insurance system of weather control, we also obtain information on new weather control method and legislation by interviewing domestic and foreign researchers and business person who have expertise. We also release tentative research results early by listing or mapping.
Importance
It is possible that weather control implementation causes damage to property and personnel in an area that should not have been damaged originally. When we think about how to compensate these damages based on our traditional way of thinking, it is thought to use an insurance system. However, whether or not to maintain the existing insurance system of flood disaster has been discussed due to increase in recent flood disasters. The status of flood insurance related to weather control, appropriate role between the nation’s compensation system, consideration from the perspective of ELSI have not been considered yet. Social implementation of weather control requires these comprehensive and inclusive discussions from the perspective of insurance law.
Expected problems and solutions
If we limit to domestic laws when organizing current states and issues of the existing related laws, it may be difficult to find appropriate related laws, so we compare and organize them not only from domestic laws, but also from foreign laws. And when we identify and consider legislative barriers from the perspective of insurance law, we do in a broad range and in cooperation with other PIs.
Members
Item 7-5Position of weather control method under the management of flood damage risk
Principal investigator: Tomoharu Hori
Outline
This study organizes social issues involved in weather control and considers countermeasures.
In addition, we consider how to disclose risks to society, and what disaster recovery should be in the circumstance when the risk level the nation should respond to cannot be responded to by the nation, by taking into account existing flood control, flood courts, and river basin flood control.
Methods
We organize the transition of the basic ideas of flood control measure and planning, from the point of view of the safety level the administration intends to guarantee and the flood control method mainly used. And then, we collect cases of lawsuits for damages regarding flood damages after the lawsuit of Daito City, Osaka, Western Japan in 1972, and organize grounds for a claim and point at issue. By combining and analyzing the history of flood control measures and flood damage lawsuits, we identify points of similarity and difference between the administrative logic of river management and the range of safety that residents expect from river management. From the point of view of this analysis, impact and risk of weather control, its feasibility, governance, etc., we identify the position and protection scope of weather control method under the management of flood damage risk.
Importance
Weather control is an attempt to directly control the hazard of heavy rainfall causing flood damage. Flood damage occurs in the process of heavy rainfall is drained by landslide, river, and waterway, not by the directly affecting residents of heavy rainfall. Therefore, flood damage measurements should be established in places where rainwater is drained, most of the river has not yet had safety level set by the river improvement basic plan. The implementation place of weather control is completely different from before, so we need to think about how to place the method in the system of flood damage risk management. Through this, we can show our idea of social implementation of this method such as cost sharing, risk management, replaceability of the existing flood control method, etc.
Expected problems and solutions
Whether or not there is literature good enough to organize the transition of the basic ideas of flood control measure and planning, is one of the keys. How much administrative literature is left, and whether or not the literature has ideas that can provide a background of specific measures, are important. However, the PI of this study has experienced in flood control planning research in civil engineering field. By interviewing related person, etc., we have alternative approach to promote this research.
Members
