Summary of Objection Procedures Based on Guidelines for Confirmation of Environmental and Social Considerations
JBIC introduced objection procedures simultaneously with implementation of its Guidelines for Confirmation of Environmental and Social Considerations (the “Guidelines”) to ensure its compliance with the Guidelines. Their objectives are (1) to investigate facts as to whether or not the Guidelines have been complied with by JBIC and report the results thereof to President & CEO, JBIC; and (2) to encourage dialogues between the parties concerned based on their consent in order to assist early resolution of disputes concerning specific environmental and/or social problems caused by the JBIC-funded project, which arose due to JBIC's non-compliance with the Guidelines. Two Examiners for Environmental Guidelines were appointed as an independent entity for conducting investigation.
Specific procedures are set forth in
- The Procedures to Submit Objections concerning the Guidelines
- (for reference) The Former Version of The Procedures
- The Major Rules for Establishment of Examiner for Environmental Guidelines
The Guidelines set forth that “In order to ensure its compliance with the Guidelines, JBIC accepts objections regarding its non-compliance with the Guidelines and take the necessary actions. ”Based on this provision, JBIC examined the procedures to submit objections. In order to ensure the transparency of this process, JBIC held 13 sessions of public consultation forum from June, 2002, with the participation of the general public, including academics, industry representatives and NGOs. In February, 2003, JBIC also invited public comments and had contacts with relevant officials in developing country governments and agencies to obtain their views. The Procedures to Submit Objections concerning the Guidelines (the “Procedures”) and the Major Rules for Establishment of Examiner for Environmental Guidelines were prepared based on various views and comments obtained through this process. The Procedures was revised in July 2009, reflecting JBIC’s organizational realignment in October 2008.
As in the case of the Guidelines, the Procedures have been applied to the projects for which loan requests were made on October 1, 2009 and thereafter.
- Consultations on Procedures
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- Summary of Public Consultation Forum
- Comments on Draft Procedures
Result of the selection over Examiners for Environmental Guidelines
On October 1, 2008, JBIC appointed two Examiners for Environmental Guidelines.
Profiles of Examiners
The profiles of the Examiners are as follows:
Dr. Seiji IKKATAI
Professor, the Research Center for Advanced Policy Studies, Institute of Economic Research, Kyoto University. He graduated from the Faculty of Economics, Tokyo University in 1974, and joined the Environmental Agency (now Ministry of the Environment). Since 1992, he has held positions such as Director, Planning and Research Office, Planning and Coordination Bureau; Director, Environment Planning Division, Planning and Coordination Bureau; Director, Water Quality Management Division, Water Quality Bureau; Director, Planning Division, Global Environment Bureau; Director, Policy Coordination/Evaluation and Public Relations, Minister's Secretariat; and Head, Kobe Customs (Ministry of Finance). He has served in his present position since 2005. In 2008, he received his Ph.D. in Economics from Kyoto University.
At the Institute of Economic Research at Kyoto University, he is in charge of lecturing on environmental policy and related subjects. His recent topics of research include: economic aspects of global warming issues and countermeasures, integration of the economy and the environment, as well as emission trading. His recent publications include: “Teitansoka Jidai no Nihon no Sentaku- Kankyo Keizai Seisaku to Kigyou Keiei (Japan's Choice in the Era of Low Carbon Society - Environmental /Economic Policy and Corporate Management)” (in Japanese, Iwanami Shoten, 2008) and “Nyumon Sustainability Gaku (Introduction to Sustainability Studies)” (in Japanese, Diamond Inc., 2008).
Dr. Yoshinobu KITAMURA
Professor, Faculty of Law, Sophia University and Professor, Sophia Law School. He completed his LL.M. at Graduate School of Law, Kobe University in 1986, and also his M.A. in Jurisprudence and Social Policy, at the University of California, Berkeley in 1988. In 1991, he received his J.S.D. from Kobe University. In 1989, he became Lecturer at the Faculty of Economics at Yokohama National University and was later promoted to Associate Professor. He has served at his present position since 2001. He majored in administrative law and environmental law. Since 2004, he has also served as the examiner for the new Japanese Bar Exam (environmental law).
His recent research interests include: regulatory enforcement of administrative laws, and law and policy of local governments. His recent publications include: “Jichitai Kankyo-gyousei-ho, Dai-go-han (Local Environmental Law, 5th ed.)” (in Japanese, Dai-ichi Hoki Co. Ltd., 2009), “Gendai Kankyoho-no Shoso (Contemporary Environmental Law)” (in Japanese, The Society for the Promotion of the Open University of Japan, 2009), “Pureppu Kankyo-ho (Preparation for Environmental Law)” (in Japanese, Koubundou Publishers Inc., 2006), and “Gyoseiho-no Jikkosei Kakuho (Regulation and Compliance)” (in Japanese, Yuhikaku, 2008).
Annual Report of the Examiners for Environmental Guidelines
The Examiners for Environmental Guidelines prepares an annual report on their activities.
- Annual Report of the Examiners for Environmental Guidelines for Fiscal Year 2008
- Annual Report of the Examiners for Environmental Guidelines for Fiscal Year 2007
- Annual Report of the Examiners for Environmental Guidelines for Fiscal Year 2006
- Annual Report of the Examiners for Environmental Guidelines for Fiscal Year 2005
- Annual Report of the Examiners for Environmental Guidelines for Fiscal Year 2004
- Annual Report of the Examiners for Environmental Guidelines for Fiscal Year 2003