Preface |
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xi | |
Introduction |
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1 | (8) |
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0.1 Earthquake, tsunami, and nuclear meltdown |
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1 | (2) |
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0.1.1 The Tohoku Earthquake and tsunami |
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1 | (1) |
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0.1.2 Meltdown at the nuclear power plant in Fukushima |
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2 | (1) |
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0.2 The Great East Japan Earthquake Disaster and failures of law and politics |
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3 | (2) |
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0.2.1 Failures of law and politics |
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3 | (1) |
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0.2.2 Why law and politics? |
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4 | (1) |
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5 | (4) |
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0.3.1 Path to the disaster |
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5 | (1) |
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6 | (1) |
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6 | (1) |
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7 | (1) |
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0.3.5 Conclusions and lessons to be learned |
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7 | (2) |
1 Japan and earthquakes: Before the Tohoku Earthquake |
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9 | (35) |
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1.1 Japan and earthquakes |
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9 | (10) |
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1.1.1 Powerful earthquakes in Japan |
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9 | (2) |
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1.1.2 Preparing for earthquakes |
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11 | (1) |
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1.1.3 Intensifying construction standards |
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12 | (1) |
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1.1.4 Earthquake insurance |
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13 | (1) |
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1.1.5 Earthquake preparedness measures |
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14 | (2) |
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1.1.6 Earthquakes and tsunamis in the Sanriku region |
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16 | (3) |
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1.2 Hanshin Awaji Earthquake |
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19 | (7) |
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1.2.1 Hanshin Awaji Earthquake |
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19 | (1) |
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1.2.2 Lessons from the Hanshin Awaji Earthquake |
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20 | (4) |
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24 | (2) |
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1.3 Legal framework relating to earthquakes |
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26 | (18) |
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1.3.1 Constitutional basis for the government powers in time of emergency |
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27 | (1) |
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1.3.2 Framework for natural disaster countermeasures |
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28 | (2) |
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1.3.3 Disaster Assistance Act |
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30 | (1) |
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1.3.4 Basic Act on Disaster Countermeasures |
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31 | (2) |
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1.3.5 Disaster prevention |
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33 | (1) |
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1.3.6 "Disaster emergency countermeasures" |
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33 | (1) |
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1.3.7 Establishment of Disaster Response Headquarters |
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34 | (1) |
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1.3.8 "Emergency measures" |
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35 | (2) |
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1.3.9 "Disaster Emergency Situation" declaration |
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37 | (1) |
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1.3.10 "Emergency" declaration |
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38 | (1) |
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1.3.11 Disaster restoration |
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39 | (1) |
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1.3.12 Special Measures Act on Large-Scale Earthquake Countermeasures |
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39 | (2) |
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1.3.13 Earthquake Disaster Prevention Countermeasures Special Measures Act |
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41 | (3) |
2 Tohoku Earthquake, tsunami, and aftermath |
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44 | (33) |
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2.1 The Tohoku Earthquake and tsunami |
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44 | (2) |
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2.1.1 The Tohoku Earthquake |
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44 | (1) |
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45 | (1) |
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46 | (6) |
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2.2.1 Establishment of the headquarters |
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46 | (1) |
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2.2.2 Deployment of the Self Defense Forces |
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47 | (1) |
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2.2.3 Provision of shelter, food, and medical help |
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48 | (1) |
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49 | (3) |
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2.3 Aftermath of the earthquake and tsunami |
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52 | (7) |
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2.3.1 No riots and no serious public disturbance |
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52 | (1) |
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2.3.2 Burial of the deceased |
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53 | (1) |
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54 | (1) |
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2.3.4 What should be done with debris left on private property? |
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55 | (2) |
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2.3.5 Disposal of damaged automobiles, home electronics, and other items |
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57 | (2) |
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2.4 Recovering from the disaster |
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59 | (9) |
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2.4.1 Government assistance |
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59 | (2) |
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2.4.2 Exceptions granted according to pre-existing statutes |
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61 | (2) |
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2.4.3 Exceptions granted by skewed statutory reinterpretation |
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63 | (1) |
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2.4.4 Granting exceptions through enactment of special legislation |
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64 | (2) |
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2.4.5 Granting exceptions through administrative discretion |
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66 | (2) |
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2.5 Earthquake, tsunami, and failures of law and politics |
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68 | (9) |
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68 | (2) |
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2.5.2 Failures of law in the disaster preparation |
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70 | (1) |
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2.5.3 Failures of law in the disaster response |
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71 | (1) |
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2.5.4 The Tohoku Earthquake and much deeper failures of law |
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72 | (2) |
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2.5.5 The Tohoku Earthquake and failures of politics |
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74 | (3) |
3 Nuclear meltdown in Fukushima |
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77 | (42) |
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3.1 Earthquake, tsunami, and the Fukushima Nuclear Power Plant |
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77 | (8) |
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3.1.1 Fukushima No 1 Nuclear Power Plant |
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77 | (2) |
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3.1.2 Loss of all electricity at the power plant |
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79 | (1) |
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3.1.3 Situation escalated |
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80 | (3) |
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3.1.4 Efforts to contain the disaster |
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83 | (2) |
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3.2 Regulatory system for nuclear power plants |
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85 | (6) |
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3.2.1 Basic Act on Atomic Energy |
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85 | (2) |
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3.2.2 Nuclear Reactor Regulation Act |
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87 | (2) |
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3.2.3 Nuclear Disaster Special Measures Act |
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89 | (1) |
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3.2.4 Nuclear power plant subsidies and safety agreement |
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90 | (1) |
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3.2.5 Nuclear Damage Award Act |
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91 | (1) |
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3.3 Government efforts to stabilize the Fukushima Nuclear Power Plant |
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91 | (8) |
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3.3.1 Government intervention |
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92 | (2) |
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3.3.2 Asking the local government for assistance |
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94 | (1) |
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3.3.3 Release of contaminated water into the sea |
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95 | (2) |
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97 | (2) |
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99 | (5) |
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3.4.1 Evacuation instruction |
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99 | (3) |
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3.4.2 Expansion of the scope of evacuation instruction |
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102 | (2) |
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3.5 Contaminated vegetables, water, fish, and soil |
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104 | (6) |
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3.5.1 Contaminated vegetables |
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104 | (3) |
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3.5.2 Contaminated drinking water, soil, and fish |
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107 | (2) |
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3.5.3 Loss due to "bad reputation" |
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109 | (1) |
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3.6 Rolling blackouts and limitations on electricity consumption |
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110 | (3) |
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110 | (1) |
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3.6.2 Limitations on electricity consumption |
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111 | (2) |
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3.7 Nuclear meltdown and failures of law and politics |
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113 | (6) |
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3.7.1 Nuclear meltdown and failures of law |
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113 | (1) |
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3.7.2 Nuclear meltdown and much deeper failures of law |
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114 | (1) |
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3.7.3 Nuclear meltdown and failures of politics |
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115 | (4) |
4 Reconstruction of the Tohoku Region |
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119 | (44) |
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4.1 Assisting the disaster victims |
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119 | (8) |
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4.1.1 Casualties and damage |
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119 | (2) |
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4.1.2 Providing shelters and emergency assistance to victims |
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121 | (1) |
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4.1.3 Providing temporary places to stay |
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122 | (1) |
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4.1.4 Financial assistance for disaster victims |
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123 | (3) |
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4.1.5 Financial assistance for business operators |
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126 | (1) |
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4.2 Rebuilding communities |
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127 | (6) |
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4.2.1 Reconstruction and revival |
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127 | (2) |
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4.2.2 Preparing for the reconstruction |
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129 | (2) |
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4.2.3 Revamping tsunami preparation policy |
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131 | (1) |
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4.2.4 Group relocation program |
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132 | (1) |
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4.3 Reconstruction plan and reconstruction organization |
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133 | (4) |
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4.3.1 Disputes over the agency tasked with reconstruction |
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133 | (2) |
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4.3.2 Reconstruction plan |
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135 | (1) |
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4.3.3 Reconstruction agency and reconstruction |
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135 | (2) |
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4.4 Reconstruction measures |
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137 | (6) |
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4.4.1 Reconstruction housing |
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137 | (1) |
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4.4.2 Path to the reconstruction special zone program |
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138 | (1) |
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4.4.3 Reconstruction special zones |
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139 | (1) |
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4.4.4 Reconstruction grant |
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140 | (1) |
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4.4.5 Other reconstruction measures |
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141 | (1) |
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142 | (1) |
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4.5 Reconstruction in progress |
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143 | (13) |
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4.5.1 No compensation for the damage |
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143 | (1) |
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4.5.2 Financial plight of disaster victims still dire |
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144 | (2) |
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4.5.3 Slow progress of reconstruction |
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146 | (2) |
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4.5.4 Business and industry still sluggish |
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148 | (3) |
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4.5.5 Is there something wrong with reconstruction measures? |
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151 | (1) |
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4.5.6 Is the reconstruction budget adequate? |
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152 | (1) |
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4.5.7 Frustration of disaster victims |
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153 | (1) |
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4.5.8 Questionable boost under the LDP government |
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154 | (2) |
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4.5.9 Is the "New Tohoku vision" realized? |
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156 | (1) |
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4.6 Reconstruction of Tohoku and failures of law and politics |
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156 | (7) |
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4.6.1 Reconstruction of Tohoku and failures of law |
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156 | (2) |
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4.6.2 Reconstruction of Tohoku and deeper failures of law |
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158 | (1) |
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4.6.3 Reconstruction of Tohoku and failures of politics |
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159 | (4) |
5 Aftermath of the nuclear meltdown |
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163 | (47) |
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5.1 Roadmap to containment and abandonment |
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163 | (3) |
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5.1.1 Roadmap to containment |
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163 | (2) |
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5.1.2 Abandoning the Fukushima Nuclear Power Plant |
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165 | (1) |
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5.2 Disposal of contaminated waste |
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166 | (5) |
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5.2.1 Nuclear waste and its disposal |
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166 | (1) |
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5.2.2 Disposal of contaminated waste from inside the Fukushima Plant |
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166 | (3) |
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5.2.3 Disposal of contaminated waste outside of the Fukushima Plant |
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169 | (2) |
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5.3 Damage and compensation |
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171 | (17) |
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5.3.1 Tort liability of TEPCO and the government |
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171 | (2) |
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5.3.2 Liability under the Nuclear Damage Award Act |
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173 | (3) |
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5.3.3 First guideline and second guideline for damages |
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176 | (1) |
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5.3.4 Consolidated Interim Guideline |
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177 | (2) |
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179 | (1) |
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180 | (1) |
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5.3.7 Requests for arbitration |
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181 | (2) |
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183 | (2) |
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5.3.9 Splitting court judgments |
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185 | (1) |
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5.3.10 How long could the damage award continue after lifting the evacuation instruction? |
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186 | (2) |
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188 | (3) |
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5.4.1 TEPCO's total amount of liability |
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188 | (1) |
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5.4.2 New scheme to support TEPCO |
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188 | (2) |
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190 | (1) |
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5.5 Allowing local residents to return |
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191 | (9) |
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5.5.1 Government assistance to evacuees |
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191 | (3) |
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5.5.2 Allowing local residents to return home |
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194 | (1) |
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5.5.3 Difficult choices for evacuees |
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195 | (1) |
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196 | (2) |
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5.5.5 Safety of returning residents |
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198 | (2) |
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5.6 Reconstruction of Fukushima |
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200 | (5) |
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5.6.1 Reconstruction plan |
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200 | (2) |
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5.6.2 Various reconstruction measures |
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202 | (1) |
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5.6.3 Frustration of local residents |
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203 | (2) |
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5.7 Aftermath of the Fukushima Accident and failures of law and politics |
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205 | (5) |
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5.7.1 Aftermath of Fukushima and failures of law |
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205 | (1) |
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5.7.2 Aftermath of Fukushima and deeper failures of law |
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206 | (1) |
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5.7.3 Aftermath of Fukushima and failures of politics |
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207 | (3) |
6 Future of law and politics in Japan |
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210 | (47) |
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6.1 Preparing for future earthquakes and tsunamis |
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210 | (24) |
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6.1.1 Shortcomings of previous disaster prevention plan |
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210 | (2) |
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6.1.2 Revising the Basic Act on Disaster Countermeasures: The 2012 Amendments |
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212 | (2) |
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6.1.3 Revising the Basic Act on Disaster Countermeasures: The 2013 Amendments |
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214 | (2) |
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6.1.4 Enacting the Large-Scale Disaster Reconstruction Act |
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216 | (2) |
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6.1.5 Revising the Basic Disaster Prevention Plan |
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218 | (1) |
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6.1.6 Preparing for a future Kanto Earthquake |
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218 | (3) |
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6.1.7 Preparing for a future Tokai Earthquake |
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221 | (2) |
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6.1.8 Preparing for a possible future Nankai Trough Megathrust Earthquake |
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223 | (3) |
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6.1.9 Educating the public on preparing for earthquakes |
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226 | (1) |
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6.1.10 Preventing information blackouts |
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226 | (2) |
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228 | (2) |
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6.1.12 Kumamoto Earthquakes |
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230 | (3) |
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6.1.13 Prediction is simply impossible |
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233 | (1) |
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6.2 Future of nuclear power |
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234 | (15) |
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6.2.1 The future of nuclear power contested |
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234 | (2) |
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6.2.2 Establishment of the Nuclear Regulatory Authority |
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236 | (2) |
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6.2.3 New safety standards for nuclear power plants |
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238 | (2) |
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6.2.4 Evacuation plans and nuclear disaster countermeasures |
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240 | (1) |
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6.2.5 Restarting the nuclear power plants |
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241 | (2) |
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6.2.6 Nuclear power plants above active fault lines |
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243 | (1) |
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6.2.7 Promotion of alternative energy |
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244 | (2) |
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6.2.8 Power companies and the electrical supply system |
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246 | (3) |
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6.3 Future of law and politics in Japan |
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249 | (11) |
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249 | (1) |
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6.3.2 Any changes following the deeper failures of law? |
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250 | (2) |
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6.3.3 Any changes following the failures of politics? |
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252 | (5) |
Conclusion |
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257 | (3) |
Appendices |
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260 | (17) |
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1 Statutes and regulations |
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260 | (6) |
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266 | (1) |
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267 | (10) |
Index |
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277 | |