Compensating Victims of Hazardous Substance Pollution in the United States and Japan: A Comparative Analysis

Part I of this Note presents an overview of the proposed system for compensation of victims of hazardous substance pollution in the United States. The focus will be on cost allocation, eligibility, the adequacy of compensation and the exclusivity of the remedy, as these factors reflect the goals of compensation and deterrence. Part II describes the Japanese system and experience with these factors. In Part III, the United States proposal is evaluated in light of the Japanese law and the Japanese experience under the law.

The two systems are then evaluated in terms of the twin goals of compensation and deterrence. Analysis of the different approaches shows a stress on compensation in the United States proposal, and a mix of compensation and deterrence under the Japanese law. This Note concludes that in the field of hazardous substance pollution the goal of compensation should outweigh the goal of deterrence. The United States proposal reflects this preference.