China And International Environmental Liability

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China and International Environmental Liability

Author : Michael G. Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 1848445008
Total Pages : 381 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis China and International Environmental Liability by : Michael G. Faure

Download or read book China and International Environmental Liability written by Michael G. Faure and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.

Maritime Pollution Liability and Policy

Author : Faure
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128697
Total Pages : 498 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Maritime Pollution Liability and Policy by : Faure

Download or read book Maritime Pollution Liability and Policy written by Faure and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The approach throughout is both legal multi-disciplinary and comparative. The relevant international conventions are examined (particularly the 'Bunker Convention' of 2008), with particular attention to their implementation in China and Europe, as well as the independent US regime. In addition, detailed empirical data from well-known case studies provide important insights into the working of international and national prevention and compensation mechanisms.

Research Handbook on Chinese Environmental Law

Author : Qin Tianbao
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931423
Total Pages : 464 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Research Handbook on Chinese Environmental Law by : Qin Tianbao

Download or read book Research Handbook on Chinese Environmental Law written by Qin Tianbao and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Environmental law in China

Author : Wang Xi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403545127
Total Pages : 417 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Environmental law in China by : Wang Xi

Download or read book Environmental law in China written by Wang Xi and published by Kluwer Law International B.V.. This book was released on 2022-08-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in China. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting China. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.

Liability and Environment

Author : Lucas Bergkamp
Publisher : BRILL
ISBN 13 : 900447904X
Total Pages : 734 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Liability and Environment by : Lucas Bergkamp

Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.

Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951164
Total Pages : 334 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Liability for Transboundary Pollution at the Intersection of Public and Private International Law by : Guillaume Laganière

Download or read book Liability for Transboundary Pollution at the Intersection of Public and Private International Law written by Guillaume Laganière and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Prevention and Compensation of Marine Pollution Damage

Author : Michael Faure
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123385
Total Pages : 398 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Prevention and Compensation of Marine Pollution Damage by : Michael Faure

Download or read book Prevention and Compensation of Marine Pollution Damage written by Michael Faure and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine oil pollution is one of the most damaging environmental liabilities of our time, and is taken very seriously by governments. Although international conventions take the lead in the legal regime underpinning prevention and compensation of marine oil pollution damage, national legal systems differ considerably in how they interpret and apply their monitoring and enforcement responsibilities. This is the first book to present a comparative analysis of the law with respect to marine oil pollution, with expert contributions emphasising particular solutions in Europe, the US, and China. The authors draw on the full range of legal sources, from theory and legislation to procedure and actual case studies. Written by both academics and practitioners?senior academics with a wide experience in the field, and practitioners who have extensively dealt with marine pollution issues?the work is not confined to a mere legal analysis, but offers a more inclusive law and economics perspective, solidly built on a substantial analysis (in English) of the law in the European, US, Chinese, and international contexts. Individual contributors focus on countries with which they have particular expertise or experience. This book will be of interest to corporate counsel, international lawyers, academics, and policy makers, as well as to students of (international) environmental and maritime law. In addition, the book is especially valuable to non-Chinese lawyers for its clear insight into the complex Chinese environmental legal system.

Environmental Liability in International Law

Author : Rüdiger Wolfrum
Publisher :
ISBN 13 : 9783503090235
Total Pages : 586 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Environmental Liability in International Law by : Rüdiger Wolfrum

Download or read book Environmental Liability in International Law written by Rüdiger Wolfrum and published by . This book was released on 2005 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Climate Change Liability and Beyond

Author : Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等著
Publisher : 國立臺灣大學出版中心
ISBN 13 : 9863502111
Total Pages : 388 pages
Book Rating : 4.8/5 (635 download)

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Book Synopsis Climate Change Liability and Beyond by : Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等著

Download or read book Climate Change Liability and Beyond written by Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等著 and published by 國立臺灣大學出版中心. This book was released on 2017-01-18 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.

Chinese Environmental Law

Author : Yuhong Zhao
Publisher : Cambridge University Press
ISBN 13 : 100903863X
Total Pages : 519 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Chinese Environmental Law by : Yuhong Zhao

Download or read book Chinese Environmental Law written by Yuhong Zhao and published by Cambridge University Press. This book was released on 2021-06-17 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Environmental Obligations and Liabilities in Deep Seabed Mining

Author : Linlin Sun
Publisher : Cambridge University Press
ISBN 13 : 1108488307
Total Pages : 383 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Environmental Obligations and Liabilities in Deep Seabed Mining by : Linlin Sun

Download or read book International Environmental Obligations and Liabilities in Deep Seabed Mining written by Linlin Sun and published by Cambridge University Press. This book was released on 2023-11-30 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.

Civil Liability for Marine Oil Pollution Damage

Author : Wang Hui
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142827
Total Pages : 411 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Civil Liability for Marine Oil Pollution Damage by : Wang Hui

Download or read book Civil Liability for Marine Oil Pollution Damage written by Wang Hui and published by Kluwer Law International B.V.. This book was released on 2011-09-15 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable book – the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective – examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world’s biggest oil consumer and importer – the United States – has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China – currently the world’s second oil-consuming country – has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes – international, US, and China – as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called ‘International Group’ of 13 Protection and Indemnity (P & I) Clubs, non-profit organizations specializing in liability insurance; the main international players – the International Maritime Organization (IMO), the Comité Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.

Environmental Law in China

Author : Wang Xi
Publisher :
ISBN 13 : 9789041146304
Total Pages : 0 pages
Book Rating : 4.1/5 (463 download)

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Book Synopsis Environmental Law in China by : Wang Xi

Download or read book Environmental Law in China written by Wang Xi and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in China. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting China. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.

Environmental Damage in International and Comparative Law

Author : Michael Bowman
Publisher : Oxford University Press, USA
ISBN 13 : 9780199255733
Total Pages : 390 pages
Book Rating : 4.2/5 (557 download)

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Book Synopsis Environmental Damage in International and Comparative Law by : Michael Bowman

Download or read book Environmental Damage in International and Comparative Law written by Michael Bowman and published by Oxford University Press, USA. This book was released on 2002 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.

Environmental Policy and Governance in China

Author : Hideki Kitagawa
Publisher : Springer
ISBN 13 : 443156490X
Total Pages : 198 pages
Book Rating : 4.4/5 (315 download)

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Book Synopsis Environmental Policy and Governance in China by : Hideki Kitagawa

Download or read book Environmental Policy and Governance in China written by Hideki Kitagawa and published by Springer. This book was released on 2017-03-24 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on how to create an environmentally friendly society in China from the viewpoint of environmental law and policy. The authors accessed a great number of valuable sources not available in English, and interviewed various scholars and public officials, in order to analyze the environmental policies in China while comparing some of the features to Japan. The book stresses the importance of introducing a brand-new policy of central and local government, and analyses why these policies have not been executed effectively in the local society. In addition to the economy-oriented policy and spirit of the Chinese nation, which are the main causes, this book also highlights shortcomings in the inspection system, information management, and the extremely low degree of public participation as important aspects to focus on in order to tackle the current problems. The individual chapters will help readers to understand the environmental issues in China in depth, and provide guidance on resolving the issues in China and in developing countries that are now or soon will be facing the challenge of combining economic growth and environmental improvement. Air, water and soil pollution are serious challenges in China. The deterioration of the environment often leads to rioting that influences social stability, which is also a great concern to foreign investors. This book will be of interest to a professional audience such as policymakers, journalists, members of environmental NGOs, managers and employees who do business with China, as well as academic researchers and students.

Developing an Appropriate Contaminated Land Regime in China

Author : Xiaobo Zhao
Publisher : Springer Science & Business Media
ISBN 13 : 3642316158
Total Pages : 314 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Developing an Appropriate Contaminated Land Regime in China by : Xiaobo Zhao

Download or read book Developing an Appropriate Contaminated Land Regime in China written by Xiaobo Zhao and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like all industrialized countries, China has encountered increasing problems with land contamination in recent years. Abandoned mining and manufacturing sites and obsolete industrial complexes, while also creating new polluting industrial enterprises, represent impending environmental threats. More importantly, a number of social and economic problems have developed and must be dealt with, in some cases urgently. Contaminated land laws and regulations have been established and have evolved in the US and UK and many other jurisdictions over the past few decades. These regimes have substantially influenced the relevant legislation in the context of numerous Asian and European countries and will inevitably benefit similar legislative efforts in China. This book is the first monograph that focuses on how China can learn from the US and UK with respect to contaminated land legislation and comprehensively illustrates how contaminated land law could be created in China. It will be of interest to academics and practitioners in environmental law in China, as well as the US and UK.

China and Europe’s Partnership for a More Sustainable World

Author :
Publisher : Emerald Group Publishing
ISBN 13 : 1786353318
Total Pages : 328 pages
Book Rating : 4.7/5 (863 download)

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Book Synopsis China and Europe’s Partnership for a More Sustainable World by :

Download or read book China and Europe’s Partnership for a More Sustainable World written by and published by Emerald Group Publishing. This book was released on 2016-07-26 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers the main scientific outputs of POREEN, a four-year project on partnering opportunities between Europe and China in the renewable energy and environmental industries. It investigates the main challenges and opportunities related to Sino-European dialogue and cooperation in the green sector with a focus on sustainable growth.