Environmental Protection Association of Taizhou City, Jiangsu Province v. Taixing Jinhui Chemical Engineering Co., Ltd. (The Public Interest Litigation for Compensation for Environmental Pollution Tort)—Judgement of Environmental Pollution Tort Regarding Environmental Medium with Self-Purification Capability

2019 ◽  
pp. 237-242
Author(s):  
Huihui Liu
Keyword(s):  
Environmental Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Chemical Engineering ◽  
Jiangsu Province ◽  
Public Interest Litigation ◽  
The Public ◽  
Environmental Medium

Public Interest Litigation in Environmental Matters: A German Perspective

elni Review ◽  
2007 ◽  
pp. 13-19
Author(s):  
Dora Schaffrin ◽  
Michael Mehling
Keyword(s):  
Public Goods ◽  
Environmental Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Legal Framework ◽  
Public Interest Litigation ◽  
Important Means ◽  
Shed Light ◽  
Critical Aspects

Environmental protection has invariably become one of the central challenges facing modern societies and, by extension, their respective states. Constitutionally endowed with judicial powers, states also have a mandate to guarantee the rights and duties arising from legislation on the environment, including, if necessary, their enforcement. In the process, public interest litigation in environmental matters has acquired growing importance as one important means of achieving this objective. By describing the legal framework for public interest litigation, this article seeks to shed light on an important channel of environmental protection in Germany, whose role in countering environmental pollution and other forms of damage to public goods prior to serious and irreversible deterioration has been consistently on the rise. Against this background, the aim of the article is to provide an introduction to German experiences with public interest litigation in environmental matters, both with a view to its success to date and also to more critical aspects.

The Zhenhua Case: the emergence of civil environmental public interest litigation in China

2021 ◽  
Vol 14 (2) ◽  
pp. 116-128
Author(s):  
Wenjun Yan
Keyword(s):  
Air Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Pollution Control ◽  
Environmental Damage ◽  
Air Pollution Control ◽  
Public Interest Litigation ◽  
First Time ◽  
Restoration Cost

Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.

scholarly journals RIGHTS, DEMOCRACY AND DEVELOPMENT: THE JUDICIAL SYSTEM’S ROLE IN DEVELOPING COUNTRIES

2018 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Current Knowledge ◽  
Public Policies ◽  
Judicial System ◽  
New Paradigm ◽  
Public Interest Litigation ◽  
The Public ◽  
Cultural Rights ◽  
The World

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 

scholarly journals Environmental Public Interest Litigation in China: A Critical Examination

2021 ◽  
pp. 1-25
Author(s):  
Lei Xie ◽  
Lu Xu
Keyword(s):  
Public Interest ◽  
Environmental Governance ◽  
Noise Pollution ◽  
Environmental Issues ◽  
Critical Examination ◽  
Litigation Risk ◽  
Public Interest Litigation ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Abstract Environmental public interest litigation (EPIL) by non-governmental organizations (NGOs) emerged in China over the last decade amidst the growing focus on environmental issues and the increasing political need to bring greater public participation to the area. This article examines the current practice of EPIL by NGOs in order to understand the potential flaws and deficiencies of NGO participation in this relatively new field of environmental litigation. The article sets out by exploring EPIL as a legal pathway for the public to become involved in China's environmental governance. It then analyzes the legal provision of environmental litigation in China before critically examining several instances of EPIL initiated by NGOs between 2015 and 2019. The article finds that NGOs show weaknesses in their current EPIL practice, including in case selection and litigation risk assessment, but are willing to test and potentially expand the scope of EPIL into new areas of environmental protection such as noise pollution and renewable energy. It concludes that these weaknesses and strengths of NGO involvement in EPIL reflect the constantly evolving landscape of environmental governance and environmental litigation in China.

scholarly journals HUMAN RIGHTS, INEQUALITY AND PUBLIC INTEREST LITIGATION: A CASE STUDY ON SANITATION FROM BRAZIL

2018 ◽  
Vol 4 (5-6) ◽  
pp. 149-171
Author(s):  
Ana Paula Barcellos ◽  
Marcia Castro ◽  
Ricardo Moura
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Public Law ◽  
Regional Inequality ◽  
Public Interest Litigation ◽  
The Public ◽  
Sanitation Services ◽  
Disaggregated Data ◽  
Public Law Litigation

Disaggregated data on the relative success of the UN millennium goals made clear that the progress achieved in many countries, Brazil included, was not equitable, positioning the question “How to address inequalities?” as the next pressing challenge in human rights. Public law litigation could be regarded as a tool to reduce inequality, particularly in Brazil, given a unique institution of its legal system, the Public Prosecutors Office. This paper uses public interest litigation discussing access to sanitation services to test this hypothesis. In 2013, only 58.2% of the households had access to sanitation, with significant regional inequality in coverage. Boolean analysis was applied to assess court orders (2003-2013) and results showed a disconnect between litigation and demand for sanitation, indicating that areas that were better off in various social and economic indicators were the ones receiving attention. The paper suggests reflections on how public interest litigation could target those most in need.

scholarly journals RIGHTS, DEMOCRACY AND DEVELOPMENT: THE JUDICIAL SYSTEM’S ROLE IN DEVELOPING COUNTRIES

2015 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Current Knowledge ◽  
Public Policies ◽  
Judicial System ◽  
New Paradigm ◽  
Public Interest Litigation ◽  
The Public ◽  
Cultural Rights ◽  
The World

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 

Sign in / Sign up

Export Citation Format

Share Document