The Contribution of Forest Regulations on the Realization of Sustainable Forest Management: A Comparative Law Study of Japan and Germany

摘要

The purpose of this comparative law study is to confront the Japanese Forest and ForestryBasic Act, as well as additional relevant acts in Japan, which address the preservation and protection ofJapanese forestland and its multifunctional role towards ecology, economy and society, with the GermanNational Act on Forests (Bundeswaldgesetz – BWaldG) along with the Bavarian Act on Forests (Waldgesetzfür Bayern – BayWaldG). Improper forest management in Japan is being criticized by researchers worldwide.Clear-cutting and forest degradation are existent nationwide affecting surrounding ecosystems andbiodiversity. The Japanese forest products industry is further losing competitiveness in the world, even todeveloped nations with substantially smaller forest areas and lower domestic wood consumption. Moreover,lacking awareness of the public on the importance of the ecological role of forests and forestry is of growingconcern to the Japanese government. It can be agreed that the implementation of effective forest managementrelies on various different input factors. National policies do therefore take a fundamental role by providinginstructions and guidance on how efficient forest management is to be accomplished in society. Limitationsand drawbacks in the Japanese forest and biodiversity acts that have the potential to impede an effectiverealization of sustainable forest management (SFM) in Japan were identified and contrasted to the forest lawsof Germany, a nation which is a world-leading producer and exporter of forest products and where SFM isbeing successfully practiced for centuries. Concrete formulations of law articles were examined to analyzetheir practicable execution for successful application of SFM in the respective nations. Emphasis was givenon the analysis of law purpose, forest preservation, protection, promotion, supervision as well as futuresustainability in account to the respective forest conditions and forest owner structures of each nation. Theresults suggest diverse editing of forest regulations in Japan and discuss a number of future applicationchallenges and chances.