scholarly journals What’s the lender liability risk for soil pollution in the People’s Republic of China? An evaluation of China’s new Soil Pollution and Control Law in the light of the USA and UK regimes

2019 ◽  
Vol 21 (3) ◽  
pp. 173-188
Author(s):  
Lloyd Andrew Brown

On 1 January 2019, following a presidential order confirming its adoption by the Fifth Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China (PRC), the Law of the People’s Republic of China on Soil Pollution and Control 2019 (SPC) was introduced into law. Succinctly, the SPC was enacted to deal with the vast amount of soil pollution that currently exists in China. This article’s central thesis is that, following a comparative analysis of the regulatory regimes in the USA and UK, the law creates environment-related risks for lenders. In particular, the article is concerned with the risk of lender liability, that is, where the lender itself is made directly liable for the costs of soil pollution remediation. In light of the USA and UK regimes, risk management advice is provided for obviating any prospective lender liability that may be forthcoming from the SPC. As with the regulations in other countries, it appears that the degree of ‘control’ that lenders exercise over their clients must be limited to mitigate the possible transference of any direct liability under the PRC’s principles of property rights law.

Author(s):  
Chen-Hong Liu ◽  
Zhang Xu ◽  
Yen-Chiang Chang

Abstract In January 2019, the People’s Armed Police set up a working group to draft the Coast Guard Law of the People’s Republic of China. The 13th National People’s Congress Standing Committee concluded its twenty-fifth session and scrutiny of this draft law, which officially entered force on 1 February 2021. The Law is divided into 11 chapters and 80 articles, including but not limited to maritime security, maritime crime investigation, use of non-firearm and weapons, and international cooperation. This article outlines and analyses the Law, as well as focusing on its implications as a matter of international law.


2020 ◽  
pp. 1-17
Author(s):  
Simon N.M. Young

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.


2003 ◽  
Vol 135 (5) ◽  
pp. 721-732 ◽  
Author(s):  
Jianghua Sun ◽  
Nancy E. Gillette ◽  
Zhengwan Miao ◽  
Le Kang ◽  
Zhongning Zhang ◽  
...  

AbstractThe introduced red turpentine beetle, Dendroctonus valens LeConte, is one of the most economically important forest pests in the People's Republic of China, having killed more than 6 million pines in recent years. There is an urgent need to develop effective behavioral chemicals to monitor and control D. valens in the People's Republic of China, as well as in its native range in North America. We tested host kairomones as a 1:1:1 blend of α-pinene, β-pinene, and Δ-3-carene (releasing in the same proportions) for monitoring D. valens populations in the People's Republic of China. We also tested two release systems of verbenone for protection of Pinus tabuliformis Lawson from D. valens attack: (1) polyethylene bubblecaps (BCs) filled with 800 mg of nearly pure verbenone (releasing 18 mg/tree per day) and (2) a sprayable water suspension of microencapsulated (MEC) verbenone (releasing about 100 mg/tree per day). The host-volatile blend trapped substantial numbers of both sexes of adult beetles, up to 15 beetles per day, proving its potential for monitoring. Both of the verbenone release systems significantly reduced D. valens trap catch, and there was no difference between the BC treatment and the MEC treatment. Both release systems also reduced beetle attack on trees to the same level as unbaited controls, from a mean of 5.1 per tree to a mean of 0.7 per tree (for both release systems), suggesting that the treatments may also reduce tree mortality.


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