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

The purpose of this comparative law study is to confront the Japanese Forest and Forestry Basic Act, as well as additional relevant acts in Japan, which address the preservation and protection of Japanese forestland and its multifunctional role towards ecology, economy and society, with the German National Act on Forests (Bundeswaldgesetz – BWaldG) along with the Bavarian Act on Forests (Waldgesetz für Bayern – BayWaldG). Improper forest management in Japan is being criticized by researchers worldwide. Clear-cutting and forest degradation are existent nationwide affecting surrounding ecosystems and biodiversity. The Japanese forest products industry is further losing competitiveness in the world, even to developed 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 growing concern to the Japanese government. It can be agreed that the implementation of effective forest management relies on various different input factors. National policies do therefore take a fundamental role by providing instructions and guidance on how efficient forest management is to be accomplished in society. Limitations and drawbacks in the Japanese forest and biodiversity acts that have the potential to impede an effective realization of sustainable forest management (SFM) in Japan were identified and contrasted to the forest laws of Germany, a nation which is a world-leading producer and exporter of forest products and where SFM is being successfully practiced for centuries. Concrete formulations of law articles were examined to analyze their practicable execution for successful application of SFM in the respective nations. Emphasis was given on the analysis of law purpose, forest preservation, protection, promotion, supervision as well as future sustainability in account to the respective forest conditions and forest owner structures of each nation. The results suggest diverse editing of forest regulations in Japan and discuss a number of future application challenges and chances