scholarly journals The Contribution of China’s Civil Law to Sustainable Development: Progress and Prospects

2019 ◽  
Vol 11 (1) ◽  
pp. 294 ◽  
Author(s):  
Tiantian Zhai ◽  
Yen-Chiang Chang
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Civil Law ◽  
Emission Trading ◽  
Environmental Problems ◽  
State Ownership ◽  
Ecological Civilization ◽  
Public Interest Litigation ◽  
Resources Conservation ◽  
The Right

Environmental protection is mainly the focus of environmental law in China, but as China has started to pursue ecological civilization, its civil law has begun to respond to environmental problems as well, which is called the “greening of civil law”. As a result, the newly passed General Provisions of Civil Law adopted a “Green Principle” requiring private actors to contribute to resources conservation and environmental protection in civil activities. Through normative and comparative analysis, this article explores the establishment of the “Green Principle”, the rationales for civil law’s response to environmental problems in China, the progress already made, and the further efforts that are needed. It argues that the major challenge for the greening of China’s civil law at present is the modification of the subsequent sections of the forthcoming civil code. Despite the progress that has already been made, further efforts are needed regarding the following aspects: environmental and resources protection should be taken into account in contract rules concerning the validity, performance, and interpretation of contracts, and rules on emission trading contracts should be added; the property section should stipulate the unified exercise of state ownership over natural resources; and the “personality rights” section should stipulate environmental rights so as to clarify the right that is violated in environmental public interest litigation.

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

6. The significance of nation states

2017 ◽  
pp. 66-80
Author(s):  
Elizabeth Fisher
Keyword(s):  
Environmental Law ◽  
Common Law ◽  
Civil Law ◽  
Legal Culture ◽  
Environmental Problems ◽  
Physical Reality ◽  
Nation States ◽  
Global Environmental ◽  
The Difference ◽  
Political Communities

Environmental problems transcend the boundaries of nation states. That fact is a reminder of the physical reality of such problems, but—for good or ill—political and legal imagination is the product of political communities that cluster into nation states. ‘The significance of nation states’ looks at how environmental law is shaped by the legal culture of nation states. It also discusses the difference between civil law systems and common law systems. The internal constitutional arrangements of a country are fundamental to how environmental law develops in a particular legal culture. Is a ‘global environmental law’ emerging?

EDF Diversifies into New Environmental Arenas

DDT Wars ◽  
2015 ◽  
Author(s):  
Charles F. Wurster
Keyword(s):  
Environmental Protection ◽  
Mutual Fund ◽  
Environmental Law ◽  
Long Island ◽  
Pulp Mill ◽  
Environmental Problems ◽  
Major Goal ◽  
New Strategy ◽  
Earth Day

Environmental law was essentially nonexistent in 1969, and it was a major goal of EDF to establish, enhance, develop, and use this new strategy for solving environmental problems, not just involving DDT but other issues as well. It wasn’t long after incorporation before EDF was getting much publicity because of its actions, leading to numerous requests for advice and assistance in connection with a variety of environmental problems, along with invitations to become involved in an assortment of issues. Whatever it was or wasn’t, EDF certainly was not all talk and no action. There was clearly plenty of action, which attracted plenty of attention. Conservationists were tired of losing by being reasonable, compromising, and timid. Earth Day was about to arrive, and it was time for action. We also were learning that being a “fund” caused a few problems of its own. Some thought it might be a source of funds for them. A few wondered if we were some sort of mutual fund, so Bob Smolker suggested we sell shares in our fund, which would “pay” negative dividends. His Mystique Committee had many original ideas. For the Long Island trustees and small staff, there was little risk in becoming involved in new cases. We had little money to spend or lose, we had an apparently good idea to pursue for environmental protection, and if somebody sent plane fare, we were on our way. So it was with Clancy Gordon of Missoula, Montana. In fact, he came to us only a few months after EDF’s incorporation. It was “Leap Day,” February 29, 1968, when about 100 women of Missoula gathered at the gates of the Hoerner-Waldorf pulp mill west of town to protest Missoula’s “stinky air.” Sometimes the air was so smoggy that planes could not land, and cars turned on their lights in mid-day. “GASP” read one of the picketer’s signs, “Gals Against Smoke and Pollution.” Other signs said “Phew!,” “Bad Sky Country,” “Our Air Stinks,” “How High is the Big Sky,” “Where’s the Airport?,” and “O, Say Can You See.”

scholarly journals Human Rights Approach in Environment Law Enforcement based on Law Number 23/2009

2019 ◽  
Vol 8 (10) ◽  
pp. e458101417
Author(s):  
Lanny Ramli
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Healthy Life ◽  
Administrative Punishment ◽  
The Right ◽  
Court Processing

Individual has the same rights to have prosperity life including the right to have healthy life. In this research, the objective of the study is to discuss about the enforcement of environmental law based on Law Number 32 of 2009 about Environmental Protection and Management based on a human rights. Using The results found that the administrative punishment is a quick way and appropriate to stop the violation in environment. It is due to the punishment is given without going through court processing. Administrative punishment is referred to the violation not to the person. In addition, imposition of administrative punishment is not aimed to punish the violator, but it is more concern to the recovery the situation (reparatoir).

scholarly journals International legal regulation of the right to adequate environment

2003 ◽  
Vol 55 (1) ◽  
pp. 89-103
Author(s):  
Vid Vukasovic
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
International Treaties ◽  
Aarhus Convention ◽  
The Right ◽  
The Eu

The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.

5. Non-State Actors: Environmental Rights, Liability, and Crimes

2021 ◽  
pp. 282-355
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Legal System ◽  
Environmental Law ◽  
Environmental Problems ◽  
Environmental Rights ◽  
Environmental Disputes ◽  
Alternative Approaches ◽  
Polluter Pays Principle ◽  
International Legal System

This chapter turns to some of the environmental rights and obligations which attach to individuals, corporations, and NGOs in international law. The chapter considers some alternative approaches to the implementation and enforcement of international environmental law. Relying less on interstate claims, or on mechanisms of international supervision, the development of human-rights approaches to environmental protection and the economic logic of the polluter-pays principle have made claims by individuals an increasingly attractive means of dealing with domestic or transboundary environmental problems. But the diversity of the issues needs emphasis in this context also. National remedies are not necessarily alternatives to the systems considered in the last chapter, but are more often complementary to it, and only in certain respects more useful. The variety of approaches now available for the resolution of international environmental disputes does indicate the increasing sophistication of the international legal system, the chapter argues.

In Name or Nature? Implementing International Environmental Procedural Rights in the Post-Aarhus Environment: A Finnish Example

2007 ◽  
Vol 9 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Stephen Davies
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Access To Justice ◽  
Political Rights ◽  
The Public ◽  
Hard Law ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
National Environmental

Rights-based approaches to environmental protection are on the increase as the public become more aware of both the environment around them and of their other civil and political rights. Whilst methods for combining environmental protection and rights-based regulation still allude to a large conflict of anthropocentric versus ecocentric interests, one approach increasingly stands out as a potential effective solution: ‘procedural rights’. More commonly, this concerns rights to be heard, rights to information, to participation and the right of access to justice. Such perspectives are increasingly finding purchase within international environmental agendas, indeed, several national jurisdictions have progressed from mere principles into more formal ‘hard law’. In order to follow this progression and to assess the influence of international procedural rights in national jurisdictions, this article looks in particular at the environmental law of Finland as an example, and seeks to illustrate the formation of one facet of internationally accepted procedural rights: that of public participation, within national environmental regulation.

scholarly journals Oil Exploitation and Constitutional Protection of the Environment in Chad

2019 ◽  
Vol 7 (5) ◽  
Author(s):  
Didegomi Dar
Keyword(s):  
Environmental Protection ◽  
Direct Effect ◽  
Environmental Law ◽  
Fundamental Rights ◽  
Real Problem ◽  
Public Authorities ◽  
The Public ◽  
Constitutional Protection ◽  
Oil Exploitation ◽  
The Right

The study on oil exploitation and constitutional protection of the environment in Chad aims to show that despite the constitutional consideration of fundamental rights to the environment, environmental protection remains problematic. This is because the constitutional texts of protections are often ambiguous, incomplete, scattered and derisory. Also, the fact that environmental law is part of the rights-claims which in general are only addressed to the attention of the public authorities, poses a real problem as to its justiciability. Therefore, the right to the environment does not enjoy the same degree of jurisdictional protection as other rights. As a result, they often have no direct effect. Thus, in the oil exploitation framework, the environmental protection offered by the Chadian constitution, could only be insufficient except recourse to the activation of the ordinary ways of right.

scholarly journals FROM WORLD HERITAGE TO ENVIRONMENTAL PATRIMONY

2013 ◽  
Vol 7 (4) ◽  
Author(s):  
Andrei Duţu-Buzura
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Civil Law ◽  
Theoretical Models ◽  
Xxth Century ◽  
The Social ◽  
Protection Mechanisms ◽  
Social Scientific ◽  
Almost All

Environmental law has proven itself to be a major challenge to all traditionalbranches of law, given its “horizontal” perspective and functioning, by encompassingelements and institutions from almost all of them, and by offering new insights andapproaches to long consecrated concepts and juridical mechanisms.The relation between civil law, one of the oldest fields of regulation of any legalsystem, and environmental law, a creation of the late XXth century, have proven itself to benot only intriguing and original, but also necessary, in view of the creation of the juridicalstructures fit to face the imperatives of the social, scientific and economic developmentscurrently in course. By interfering with elementary concepts, such as property right andpatrimony, environmental law has brought up the opportunity of creating new juridicaltheoretical structures, corresponding to the actual necessities of the beginning of the XXIstcentury.This paper proposes construct following these lines, the environmental patrimony,having as theoretical models both the concept of patrimony, consecrated by civil law, andcommon or natural heritage, as accepted in international law. As practical aspects, we turnedto the environmental protection mechanisms already in existence, thus to give a morecomplete and functional structure as possible.

scholarly journals Ecological Dimension in China’s Foreign Policy Strategy

2021 ◽  
Vol 21 (2) ◽  
pp. 325-337
Author(s):  
Anna Vladimirovna Boyarkina
Keyword(s):  
Foreign Policy ◽  
Environmental Protection ◽  
Power Plants ◽  
System Analysis ◽  
Renewable Energy Sources ◽  
National Development ◽  
Environmental Problems ◽  
Practical Implementation ◽  
Ecological Civilization ◽  
Policy Strategy

Against the backdrop of worsening ecological and climatic threats, which have taken on a truly global scale, states are rethinking their environmental protection approaches to address the growing environmental crisis. The intensive use of natural resources, characteristic of the traditional model of economic growth, no longer corresponds to the spirit of the modern environmental agenda. Instead, a new model of eco-culture is being postulated, suggesting a reasonable balance of economic, environmental and social development needs. The relationship between economic development and environmental protection challenges states, including those of the developing world, to switch to clean renewable energy sources, nuclear power plants, and the construction of environmentally friendly housing. As the new driver of globalization, China, facing the aggravation of environmental problems, fully understands the timeliness and importance of their solution like no one else. The article analyzes the environmental agenda in Chinas modern foreign policy using system analysis and the structural-functional method. The complication of the environmental situation in the PRC forces the countrys leadership to take active measures to combat climate change. Beijing is introducing eco-culture into its national development strategy, pursuing a course of building an ecological civilization based on respect and protection of nature. The concept of Xi Jinpings Community of One Destiny for Mankind is crucial in the conceptualization of the environmental dimension. An important role is given to the concepts of ecological civilization and two mountains. With reference to neo-Marxism, the study uses a morphological analysis of the ideology of M. Frieden, according to which the above theories can be classified as nuclear in the general course of socialism with Chinese characteristics. China continues to have a complex and alarming situation with atmospheric pollution. According to the authors deep conviction, within the framework of the general vector of ensuring the countrys prosperity, the PRC leadership is closely engaged in solving environmental problems, which is understood and supported by the world community. The practical implementation of the environmental agenda is mostly characteristic of Xi Jinpings foreign policy strategy.

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