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2008年6月28日 (土)


(Mainichi Japan) June 27, 2008

Gov't ordered to open Isahaya Bay dike over damage to fishing industry

諫早干拓訴訟:国に排水門の開門命じる判決 佐賀地裁

SAGA -- The Saga District Court on Friday ordered the government to open the Isahaya Bay dike for five years, after about 2,500 people, many of them fishermen, filed a lawsuit saying closure of the dike had worsened the fishing environment.

It was the first judicial ruling in a series of lawsuits over land reclamation work in the bay for a court to order the dike to be opened. Plaintiffs are likely to use the ruling as a foothold in pressing the government to find a quick solution to the standoff.

(plaintiff=原告、民事訴訟の原告) (standoff=行き詰まり)

Speaking on the causal relationship between the closing of the dike and environmental changes in Isahaya Bay and the surrounding area, the court accepted that the closure was having an adverse effect on fishing from boats and the collection and cultivation of clams.

(casual relationship=原因結果の因果関係)

The court acknowledged that it would be impossible for people in fishing areas to provide more proof than they already had provided.

"Asking fishing folk and others in the case to give more proof than this is forcing them to do the impossible," the court said.


The court also harshly criticized the government's stance, saying, "It is no longer going too far to say that the government's refusal to carry out useful mid- to long-term investigations to shed light on the causal relationship is interfering with the production of evidence."


(It is no longer going too far to say=~と言っても言い過ぎではない、過言ではない)

( light on...  …を照らす; 〈問題などを〉解明する.  shed=影響を及ぼす)

In addition, the court took the unusual step of making a request to the government, saying, "It is hoped that the government will use this ruling as an opportunity to quickly implement mid- and long-term investigations over the opening of the dike, and that appropriate measures will be implemented."


While the court ordered the government to open the dike for five years (the time deemed necessary for a mid- to long term investigation), it will take time to implement replacement flood-prevention measures. Because of this, the court allowed a grace period of three years from the confirmation of the ruling before the dike must be opened.

(grace period=猶予の期間、猶予期間)

The plaintiffs, from Saga, Fukuoka, Kumamoto and Nagasaki prefectures, had demanded that the dike, which was built in line with land reclamation work, be removed altogether, but the court rejected their claim. It also rejected demands from plaintiffs who were deemed to have no right to make claims in the case.


In an earlier judicial decision over the causal relationship between land reclamation work in Isahaya Bay and the effect on the fishing industry, the Saga District Court issued a provisional injunction in August 2004 ordering construction work to be halted. After this decision, work was temporarily called off, but the Fukuoka High Court scrapped the injunction in a decision in May 2005 that was later (in September) confirmed in the Supreme Court.

(injunction=禁止命令、差止め命令) (halt=休止する、休止させる) (call off=中止する、中断する、先延ばしにする)

The latest lawsuit was filed in November 2002. Initially, the plaintiffs had called for construction work to be halted, but because the work was later completed, they changed their claim to removal or opening of the dike, and applied for a temporary injunction in October 2005 to have the dike opened.

applied for a temporary injunction=(水門の使用を)差し止め命令を求める→開門を求める仮処分も申し立てた

(have something p.p. 過去分詞=~に…をさせる)


諫早干拓訴訟:国に排水門の開門命じる判決 佐賀地裁













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