Chapter 24
Disasters and the Law
Field of expertise: Law, Disaster Prevention Law, and Urban Law

Akio Shimada
Translated by Catherine Sachi Kikuchi

Summary
The existing legal system for disaster prevention was not able to sufficiently cope with a largescale disaster like the Great East Japan Earthquake, which had never been experienced before.
Interviews were conducted mainly with disaster-stricken municipalities to identify problems andissues with the existing disaster prevention laws, and recommendations were made on how toimprove them. Many of the recommendations have been realized through subsequent
amendments to theBasic Act on Disaster Management, etc., but there are still issues that remain,such as the Disaster Relief Act.
Keywords: wide-area large-scale disaster, limitations and challenges of existing disasterprevention laws, Basic Act on Disaster Management, Disaster Relief Act, hearings with disasterstricken municipalities, government support

Introduction!
I have been in charge of national disaster management at the (former) National Land
Agency and the Cabinet Office, and experienced the Great East Japan Earthquake in mylaboratory six months after I was appointed to the university in August 2010. Since then, I haveconducted a series of interviews with disaster-stricken municipalities and other organizations, andhave begun research on the limitations and challenges of conventional disaster prevention laws.
Many of the recommendations based on the findings have been realized through the revision of theBasic Act on Disaster Management, but there are many issues that remain to be addressed.

1: Problems in Disaster Management Law Revealed by the Great East Japan
Earthquake
What happened?
The existing legal system for disaster reduction was not able to cope with a large-scaledisaster like the Great East Japan Earthquake, which had never been experienced before. Many1

cities, towns, and villages affected by the tsunami lost many of their facilities and staff, and faced
great difficulties in their disaster response.
The prefectural governments were also unable to provide rapid support to the affectedmunicipalities in terms of manpower and materials, as many coastal municipalities were severely
damaged at the same time. Transportation by land, sea, and air was disrupted, which greatly
hindered the rescue, dispatch of personnel, and supply of goods.
Challenges in disaster response
In the event of a major loss of functions, it was difficult for municipalities to quickly andaccurately assess the damage. The prefectural government was also slow to provide support tothe municipalities, and both the prefectural and municipal governments lacked know-how and had
difficulty in ascertaining the number of evacuation centers and evacuees, resulting in a mismatchof relief supplies to evacuation centers and other facilities.
Challenges in recovery and reconstruction
The financial situation of the municipalities along the Sanriku coast was extremely severe,and they had to rely on a large amount of national treasury funds. Land with unknown owners wasa major obstacle to implementing disaster prevention group relocation as well as recovery andreconstruction projects.
Challenges in private-rental temporary housing
In addition to the conventional temporary construction housing, many private-rental housing
units were used for temporary housing. However, due to the principle of payment in-kind under theDisaster Relief Act, a huge amount of paperwork was required.

2: Paradigms Destroyed by the Earthquake
Conventional wisdom and necessary responses
Under the Basic Act on Disaster Management, once a disaster occurs, the primary
responder is assumed to be the municipality, and there was no provision for measures tosupplement this. For relatively large disasters, the Disaster Relief Act applies, and in such cases,
disaster relief is to be carried out by prefectures as a legally mandated task by the nationalgovernment. For this reason, the legal role of the national government was unclear.
Limitations of the Disaster Management Act, which did not anticipate large-scale disasters
in a wide area
Japan's legal system for disaster reduction is enacted or revised every time a majordisaster occurs. In the case of a large-scale disaster such as the Great East Japan Earthquake,
which was much larger than previously expected, the law did not anticipate that the facilities andstaff of the affected municipalities would be damaged and unable to operate. The prefecturalgovernment was also unable to provide sufficient support to the municipalities due to lack ofmanpower. This was compensated for by support from the national government and otherprefectural and municipal governments. The national government provided support by establishing2local task forces in the three affected prefectures under the Emergency Disaster Countermeasures
Headquarters. The Tohoku Regional Development Bureau of the Ministry of Land, Infrastructure,
Transport and Tourism and other local branch offices of various ministries and agencies also
provided support through sending material and people to the affected municipalities, but many ofthese efforts were without any legal basis.

3: Direction of Amendments to the Disaster Prevention Law (MajorAmendments)
Disaster Response Measures(1) Facilitation of local assistance by the national government
When the function of a government office of a disaster-stricken municipality is lost or has
deteriorated, the prefectural government must first step in to supplement the loss. For what is stilllacking, the national government supplements and builds a system for the two governments tosupport one other.
(2) Securing emergency transportation routes
In the aftermath of the Great East Japan Earthquake, the government provided support for
the restoration of various infrastructures and for emergency transportation. In the event of adisaster of a certain scale or greater, it is necessary for the national government to take overauthority and carry out construction work under its direct control, and to establish provisions thatallow the national government and other road administrators to be involved in road restoration.
(3) Facilitating the provision of relief supplies
Initially, the staff of each local government brought in, sorted, delivered, and managed theinventory of relief supplies, but delays arose. After this, private contractors, who are professionals
in distribution, provided assistance and contributed to the facilitation of the sorting and delivery ofsupplies. It is necessary to establish a system that facilitates the support of private companies.
Disaster recovery and reconstruction measures(1) National treasury for reconstruction and recovery planningIt was extremely difficult for municipalities with weak financial resources to raise theenormous amount of money needed for recovery related to the Great East Japan Earthquake on
their own. There is a need for a national subsidy system and local financial measures formunicipalities with weak financial strength. It is also necessary to provide a legal basis for disasterrecovery plans.
(2) Acquisition of land with unknown owners
Land with unknown owners has become a bottleneck in reconstruction projects. For theacquisition of such land, it is necessary to acquire land through what is called the arbitration of the3unknown1. In the case of group relocation of fishing communities for the purposes of disastermitigation, it is necessary that the relocation site be in close proximity to the fishing community, as
the residential area is inextricably linked to fishing rights.
(3) Issues in private-rental temporary housing
Since the Disaster Relief Law stipulates the provision of goods in kind as a general rule, athree-way contract was made between the landlord, victims, and prefecture. The prefecture wasbusy with the large amount of paperwork for the rental of private temporary housing. It is necessary
to establish a system to prepare for future earthquakes directly under the Tokyo metropolitan area.

4: Law Amendments, New Laws, and Remaining Issues (Major ones)
Disaster response measures(1) Facilitation of local assistance by the government (Amendment to the Basic Act on Disaster
Management)
When an emergency disaster situation is declared, the Cabinet makes decisions on thegovernment's policy on emergency disaster control measures, and based on this policy, thegovernment must take concerted action under the direction and supervision of the Prime Minister.
(2) Securing emergency transportation routes (Revision on the Road Act, under the Basic Act on
Disaster Management)
When the functions of local governments are severely impaired due to a disaster, amechanism has been established for the government to support disaster response measures andtake emergency measures on their behalf. In addition, it was stipulated that necessary action
should be taken by road administrators to strengthen measures against abandoned vehicles.
(3) Facilitating the provision of relief supplies (Amendment to the Basic Act on DisasterManagement)
In order to provide supplies necessary for implementing disaster response measures, theprefectural government can request support from heads of designated administrative agencies2,
and the mayor of a municipality can request the prefectural government for support whennecessary. In addition, the head of a designated administrative agency may request support fromdesignated public institutions3, such as a transportation operator, to transport goods necessary fordisaster emergency measures.
2 Disaster recovery and reconstruction

1

In land expropriation, when the expropriation committee decides on expropriation or use, if the nameor address of the legal owner cannot be confirmed, matters may be decided without the missing
information/without knowing who the legal owner is.
2
National ministries and agencies such as the Cabinet Office.
3
Specific corporations designated by the Prime Minister that run public interest businesses.

4(1) National treasury for reconstruction and recovery plan (Enactment of legislation on the recovery
from major disasters)
The government is to take financial measures for reconstruction as soon as possible. Inaddition, disaster recovery plans, which previously had no legal basis, were given a basis in thislaw in the case of large-scale disasters.
(2) Acquisition of Land with an Unknown Owner (Amendment to the Act on Special Zones for theGreat East Japan Earthquake)
The provision of the Land Expropriation Act, which only allowed for land to be used for 6
months before the expropriation committee completes the adjudication process, can be extended
to one year. In the acquisition of land for relocation sites for group relocation promotion projects forthe purposes of disaster mitigation, projects with more than 5 residential units but less than 49
units can be designated as expropriation-eligible projects (previously, this was more than 50 units).
(3) Issues in private-rental temporary housing (Disaster Relief Law not yet revised)
The Board of Audit (2012) reported that in the case of a large-scale disaster such as theGreat East Japan Earthquake, it is important to take flexible measures in accordance with thereality of the situation. Although the provision of temporary housing through the payment of rent isa promising measure for situations in which the prefectural governor deems it necessary, theDisaster Relief Act has not yet been revised to reflect this.
3 A new method of disaster science
At the Graduate School of Public Policy, I am currently engaged in joint research withgraduate students on the state of urban development legislation in a society with a shrinking
population, including reconstruction of areas affected by the Great East Japan Earthquake andother disasters, as well as educational activities on disaster prevention law. In the Tohoku region,
while the population of Sendai City and its surrounding municipalities is increasing, the populationof local cities is decreasing at a faster pace than that of the nation as a whole. This is especiallytrue in the affected municipalities along the Sanriku coast. The current state of the disaster-stricken
areas is the state of Tohoku's cities of tomorrow, and the state of Tohoku's cities of today may be
the state of the nation's regional cities of tomorrow. Surveys and research on community
development will be a touchstone for the future, beyond the framework of disaster prevention.

Conclusion - from the author
Many of the inadequacies in the Disaster Prevention Law that were brought to light by theGreat East Japan Earthquake have been remedied to a great extent by subsequent amendments
to the Basic Act on Disaster Management. However, there is no guarantee that we will be able tosufficiently respond to earthquakes such as those directly below the Tokyo metropolitan area andthe Nankai Trough, which are said to have a high probability of occurring in the future. In theDisaster Relief Act, the 2018 amendment established a system that allows some government
ordinance cities to delegate the administration of rescue in advance, but fundamental amendments

5such as the principle of in-kind benefits have yet to be made. The lessons learned from the Great
East Japan Earthquake should be looked at seriously and be utilized fully.

References
Shimada, A. (2017). Strengthening Community Disaster Preparedness in Practice: Lessons andChallenges from the Great East Japan Earthquake. Gyosei Corporation. (In Japanese)
Shimada, A. (2016). Policy Recommendations on Disaster Countermeasure Legislation Based onHearings in Municipalities Affected by the Great East Japan Earthquake, and the Results of Legal
Revisions and Operational Improvements. Journal of Law, 80(2), 113-226. (In Japanese)6