Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Full Access Ainu Landowners’ Struggle for Justice and the Illegitimacy of the Nibutani Dam Project in Hokkaido Japan

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Ainu Landowners’ Struggle for Justice and the Illegitimacy of the Nibutani Dam Project in Hokkaido Japan

  • HTML
  • PDF
Add to Favorites

image of International Community Law Review

Abstract In 2008 the Ainu were officially recognized as an indigenous people by the Japanese Government. The recognition arose from the 1997 court’s decision on the Nibutani Dam case which concluded, for the first time in Japanese history, that the Ainu people have the right to enjoy their own culture and that they fit the definition of indigenous people. The plaintiffs were Ainu landowners from the Nibutani Community who claimed the revocation of the expropriation decision. However, the Nibutani Dam was completed before the court’s decision, with the court acknowledging the completion as fait accompli on the grounds that the revocation of the expropriation decision would not be in the public’s interest. This article reveals the flawed legal system in the decision making process for public works as well as a brief history and some cultural background of the Ainu through those plaintiffs’ struggle for justice. Further, the illegitimacy of the Nibutani Dam project is discussed in light of publicness based on the complaint of those plaintiffs, and lastly, publicness of public works is explored in the context of studies on publicness in Japan.

Affiliations: 1: Muroran Institute of Technology Hokkaido Japan

10.1163/187197312X617692
/content/journals/10.1163/187197312x617692
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading

Abstract In 2008 the Ainu were officially recognized as an indigenous people by the Japanese Government. The recognition arose from the 1997 court’s decision on the Nibutani Dam case which concluded, for the first time in Japanese history, that the Ainu people have the right to enjoy their own culture and that they fit the definition of indigenous people. The plaintiffs were Ainu landowners from the Nibutani Community who claimed the revocation of the expropriation decision. However, the Nibutani Dam was completed before the court’s decision, with the court acknowledging the completion as fait accompli on the grounds that the revocation of the expropriation decision would not be in the public’s interest. This article reveals the flawed legal system in the decision making process for public works as well as a brief history and some cultural background of the Ainu through those plaintiffs’ struggle for justice. Further, the illegitimacy of the Nibutani Dam project is discussed in light of publicness based on the complaint of those plaintiffs, and lastly, publicness of public works is explored in the context of studies on publicness in Japan.

Loading

Full text loading...

/deliver/18719732/14/1/18719732_014_01_S05_text.html;jsessionid=2hg1onemohejk.x-brill-live-03?itemId=/content/journals/10.1163/187197312x617692&mimeType=html&fmt=ahah
/content/journals/10.1163/187197312x617692
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/187197312x617692
Loading
Loading

Article metrics loading...

/content/journals/10.1163/187197312x617692
2012-01-01
2016-09-28

Sign-in

Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation