@inproceedings{oai:kutarr.kochi-tech.ac.jp:00001238, author = {TAKAHASHI, Koji and KASUGAI, Yasuo and FUKUDA, Isao}, book = {Society for Social Management Systems Internet Journal}, month = {Dec}, note = {Across the world, port management is increasingly adopting a scheme of separating infrastructure and operations. In the midst of this global trend, Japan experienced the Great Hanshin and Awaji Earthquake in 1995 and the Great East Japan Earthquake in 2011, both of which devastated major ports, forcing Japan to face challenges related to its port management system. In addition, with major earthquakes expected to strike again in the future, it is urgent for Japan to solve the current problems. Japan’s challenges have much in common with those faced by port management abroad. This paper has discussed the Japanese port management system, focusing on regional port management or diversified management; the kind of management necessary to make use of the knowhow of joint-stock companies and port management companies; and the development of the Super-hub Port policy since the Port and Harbor Law was enacted in 1950. It has also shown that port management by private companies has been required to safeguard the public interest since the Great East Japan Earthquake. This paper also shed light on the fact that the power of the national government is limited because it entrusts port management to port authorities, although port management and operations seriously impact the national interest. As a result, this paper was able to prove the following in analyzing regional port management by port management companies: 1) The power of the Minister of MLIT is weak both in ordinary times and in disaster. 2) Management by port management companies is not independent enough of port authorities. 3) For port management companies to expand their operations, it is imperative to examine the possibility of the national government financing them or giving them debt guarantees. Considering these findings, the author proposes shifting to the new system to solve the legal problems of the port management system.}, publisher = {Society for Social Management Systems}, title = {RESEARCH ON THE LEGAL PROBLEMS OF THE PORT MANAGEMENT SYSTEM IN JAPAN}, volume = {9}, year = {2014} }