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Author: Yuhong Zhao Publisher: Cambridge University Press ISBN: 1107039444 Category : Business & Economics Languages : en Pages : 519
Book Description
Analysis of Chinese environmental law with a focus on the development in statutory regulation, institution building and judicial innovation.
Author: Charles R. McElwee Publisher: Oxford University Press, USA ISBN: 0195390016 Category : Law Languages : en Pages : 348
Book Description
In recent years, China's leaders have started to confront the environmental, economic, and social costs of unchecked development. China's increasing reliance on foreign oil has engendered national security fears and launched a drive for more efficient transportation systems and domestic renewable energy projects. Meanwhile, pressure from a rising middle class and the international community has focused leadership attention on ways to make China's economic engine run more efficiently and with less impact upon the domestic and global environment. This profound shift in priorities has elevated environmental sustainability to the top of the national agenda. To advance this new agenda, the environmental laws that China has enacted over the past thirty years are being strengthened, and new environmental regulations and standards are being issued everyday. Entities operating in China are faced with the need to understand the impact of China's environmental law requirements upon their businesses, and to take actions to ensure that they are in compliance with those requirements. In Environmental Law in China: Managing Risk and Ensuring Compliance, Charles McElwee addresses how China's environmental regulatory and legal frameworks are structured, how to maintain operational compliance with the environmental laws and regulations, how to ensure products sold in China comply with environmental regulations, and the potential risks and liabilities that attend non-compliance. McElwee offers unique insight into how environmental law is in fact applied, setting forth a realistic account of the way companies encounter Chinese environmental regulations at both the local and national levels.
Author: Rachel E. Stern Publisher: Cambridge University Press ISBN: 1107310954 Category : Law Languages : en Pages : 315
Book Description
This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.
Author: Qin Tianbao Publisher: Edward Elgar Publishing ISBN: 0857931423 Category : Law Languages : en Pages : 464
Book Description
This Handbook provides a comprehensive review of the salient content and major developments of environmental law in transitional China. The core concepts, basic mechanisms and key challenges of Chinese environmental law are discussed, extending the fro
Author: Yuhong Zhao Publisher: Cambridge University Press ISBN: 100903863X Category : Law Languages : en Pages : 519
Book Description
China has industrialized and urbanized at unprecedented scale and speed since its economic take-off began in the 1980s. It has become the world's second largest economy, but pollution has pushed the environment to the limits of its carrying capacity. Chinese Environmental Law provides a comprehensive and structured analysis of the increasingly sophisticated Chinese environmental legal regime. It examines the regulation of pollution in detail, covering key environmental statutes, policies and plans, and investigates judicial innovation in the interpretation and application of environmental legal instruments. The book presents Chinese environmental law in action and in context. By discussing key institutions and processes, readers will understand the operation of the environmental law and policy, the dynamic interactions between state and non-state actors, and the special challenges to the implementation and enforcement of environmental law in the socio-economic and political context of China.
Author: Fengan Jiang Publisher: Routledge ISBN: 1000404781 Category : Law Languages : en Pages : 208
Book Description
This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism. As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China’s export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely ‘export duties plus’: export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.
Author: Federico Pasini Publisher: Routledge ISBN: 1000395529 Category : Law Languages : en Pages : 218
Book Description
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China’s pollution problems. By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China’s environmental protection and efficiently tackle pollution. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.
Author: Jolene Lin Publisher: Cambridge University Press ISBN: 1108804918 Category : Law Languages : en Pages : 445
Book Description
This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.
Author: Tun Lin Publisher: Asian Development Bank ISBN: 9292547429 Category : Law Languages : en Pages : 77
Book Description
The rapid economic growth of the People's Republic of China (PRC) over the last 30 years has generated many environmental problems and a concomitant rise in the number of environmental disputes. Until 1989, legal cases arising from these disputes were usually heard in the people's courts of general jurisdiction. In that year, however, the development of the environment court system accelerated, leading to the creation of 11 such courts for pilot cases, a sign of the high priority the PRC has given to environmental protection over the past two decades. This publication examines the effectiveness of environment courts in the PRC and elsewhere, so that the lessons learned can be applied in the PRC and in other developing countries. It also recommends ways to promote environmental justice in the PRC, given that the 11 environment courts are no longer enough to handle the rapidly increasing caseload throughout the country.