Download or read book Compensation for Environmental Damage in China written by Michael G. Faure and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many have pointed at the fact that the spectacular economic growth in China has come at a high price, especially concerning the environmental costs related to this growth. There is increasing literature available now, both in and outside of China on the available governance instruments that China is increasingly using in its fight against environmental pollution. Indeed, with growing economic welfare also the demand for environmental quality is increasing in China as well. An issue which received less attention so far was the ex post compensation after environmental pollution occurred. The aim of our study is not so much to look at instruments aiming at prevention of environmental harm, but to address the question to what extent victims of environmental harm can be compensated for this harm in China. The concept of victims should obviously be interpreted broadly since victims could also be the environment at large in which case the question arises to what extent for example the government or an NGO may have the right to ask remedies on behalf of the environment. The goal of our study is not only to provide an insight into the “law in the books” by sketching which instruments and remedies are available, but also to address “law in action”, by examining to what extent the various compensation mechanisms are indeed applied in practice as well. To that end we have undertaken some interviews with stakeholders in China in order to obtain information on the way in which environmental damage is being remedied. Our focus is on remedies for environmental harm. Even though the main (traditional) remedy after damage may be (monetary) compensation, in case of environmental pollution other remedies (such as restitution) may be relevant as well. Methodologically we will therefore both address available remedies on the basis of the regulatory framework, but also examine to what extent these remedies are indeed applied. Moreover, we will normatively where appropriate, also formulate a few suggestions for reform. The question of how to compensate for environmental damage has become a hot topic in China. Almost every day one now can read about cases of environmental harm with which various Chinese communities are confronted whereby almost every time the question is asked how adequate compensation for this harm can be provided. The issue is also topical given recent legislative changes in China. In December 2009 China introduced a New Tort Liability Law in which important provisions also deal with environmental liability. Moreover, even though environmental insurance markets are not yet that well developed in China increasingly both potential victims as well as industry are demanding the development of adequate insurance products to deal with environmental harm. Strikingly the only domain in which compensation seems to work adequately, not only on paper but also in practice is the domain of marine oil pollution in which international conventions have played an important role. Our paper is set up as follows: after an introduction (1) we will first focus on the role of liability rules in compensating for environmental harm (2), then we focus on insurance (3) and discuss the specific case of marine oil pollution (4). For every topic first the theoretical possibilities to provide compensation will be sketched; next the question will be addressed what role these mechanisms lay in practice. A few concluding remarks (5) will provide a summary and some policy recommendations.
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.
Download or read book Toward a National Eco compensation Regulation in the People s Republic of China written by Asian Development Bank and published by Asian Development Bank. This book was released on 2016-11-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Development Bank and the National Development and Reform Commission of the People's Republic of China (PRC) undertook a study on eco-compensation regulations development in the country, on which this publication is based. The study examined the PRC's theory, practice, and legislation governing eco-compensation in selected ecological areas to map out the scope and content of a national eco-compensation regulation. Pursuit of its higher agenda of ecological civilization and development of its national eco-compensation regulation will require the PRC to capture the diversity that subnational projects have tapped, integrate its experience with eco-compensation at all levels of government into a coherent national regulatory framework, and harmonize this framework with existing laws and other legal instruments.
Download or read book Compensation for Environmental Damages Under International Law written by Tarcísio Hardman Reis and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Download or read book An Eco Compensation Policy Framework for the People s Republic of China written by Qingfeng Zhang and published by Asian Development Bank. This book was released on 2010-10-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic growth has multiplied the environmental challenges faced by the People's Republic of China but has also created opportunities, by increasing available funding for environmental management and conservation. At the nexus of these countervailing trends, policy makers have been experimenting with new approaches to environmental management under the broad heading of "eco-compensation". Many of these are market-based, particularly payments for ecosystem services; an emerging policy debate is regarding the extent to which beneficiaries should pay, and the providers should be compensated, for the provision of natural resources and environmental services to promote sustainable, balanced growth. This paper synthesizes the findings of the International Conference on Payments for Ecological Services convened in Ningxia Hui Autonomous Region in September 2009 to support eco-compensation programs in the country.
Download or read book Clearing the air written by United States. Congressional-Executive Commission on China and published by . This book was released on 2003 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains testimony and prepared statements by Elizabeth Economy, Richard Ferris, Brian Rohan, and Jennifer Turner.
Download or read book Politics of China s Environmental Protection written by Gang Chen and published by World Scientific. This book was released on 2009 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the dazzling economic and social changes in China have imposed substantial impact upon the quality of environmental governance, it is time to review the problems and progress in the politics of China's environmental protection. This book analyzes the factors in China's governance and political process that affect and restrain its capacity to handle the mounting environmental problems. It argues that solutions to China's ecological woes to a larger extent lie in the political and institutional changes rather than in engineering, technological and investment input. The book talks about new policies and reform measures in the green area taken by the government since 2007, arguing that some of them may be quite effective in the long run, as long as they alter institutional factors and the ?growth-first? mindset that obstruct the green effort.The book also includes discussion of China's climate change policy not only because global warming has come under the limelight of the international community in recent years, but also because it offers a unique dimension to analyze the country's environmental diplomacy and domestic bureaucratic structure on emissions cutting and related energy issues. China is currently at the crossroads of further political and economic reform, and the intensified public attention to environmental pollution may help the Chinese Communist Party to decisively push forward the long-sluggish political reforms.
Download or read book Compensation for Oil Pollution Damage written by Michael G. Faure and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses important features of the international conventions regulating the compensation of oil pollution damage, more particularly the limitation of the liability of the tanker owner and the additional compensation provided through the IOPC Fund. The paper sketches the historical evolution of the conventions since their origin in 1969 until the latest amendments in May 2003. In addition, the compensation of victims of oil pollution in China is discussed, whereby it is stressed that China has acceeded to the CLC conventions, but has not implemented those in national law. The lack of compulsory insurance of tanker owners and the fact that China is not a party to the fund convention are critically discussed. A comparison between the international regime and Chinese law is provided. The paper concludes with a few policy conclusions and suggestions to improve the compensation of oil pollution damage in China.
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.
Download or read book Economic Analysis of Compensation for Oil Pollution Damage in China Chapter in Book written by Michael G. Faure and published by . This book was released on 2013 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper is a chapter in the book Economic Analysis of Law in China. This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China's legal and economic system, and some recent problems, from this particular viewpoint.The authors apply an economic analysis of law not only to general characteristics of China's social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of developed countries can be applied to a country like China as well. The European scholars use law and economics in order to determine what China could learn from the European experience. The Chinese scholars discuss whether law and economics can be of any use in analysing the particular features of the Chinese legal system today.Economic Analysis of Law in China will appeal to lawyers, economists and social scientists in China interested in developing legal institutions with an eye on economic efficiency. Scholars generally interested in the economic analysis of law, as well as in the comparison and transition of economic systems, will also find much in this book that will be of interest to them.
Download or read book Eco Compensation for Watershed Services in the People s Republic of China written by Qingfeng Zhang and published by Asian Development Bank. This book was released on 2011-11-01 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The People's Republic of China (PRC) is seeking new approaches to improve water management outcomes in the face of a growing water crisis caused by ongoing pollution control and watershed management challenges. This has included numerous experiments in "eco-compensation" (which shares characteristics with payments for ecological services). This paper details progress in creating a national eco-compensation ordinance and discusses the ongoing institutional challenges in its effective development. Water is possibly the single most-pressing resource bottleneck of economic growth for the PRC over the medium term. As such, the degree to which such initiatives are ultimately successful is not only critical for the PRC but also has major ramifications for global food, fuel, and commodity markets and production chains.
Download or read book Environmental Policy and Reform in China written by Jinnan Wang and published by Springer Nature. This book was released on 2021-11-30 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the collection of the latest research results from Chinese Academy of Environmental Planning in environmental policy and reform during the past years, mainly related to ecological compensation, the emission trading, the environment audit, carbon tax, environment friendly city, environmental health, economic policy in medical waste, scattered coal treatment subsidies, environmental policy efficiency analysis, environmental industry statistics, environmental performance evaluation, green fiscal and taxation policy, etc., presenting the latest achievements, developments and research trends in this field.
Download or read book Eco Compensation in China s Evolving Environmental Management Regime written by World Bank and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yangtze river and the economic belt it defines are central to China's economy, yet they face severe environmental challenges. The river plays a major role in the historical, cultural, and political identity of China, and is a key driver of the country's economy. It is one of the world's most biodiverse regions, with ecosystems and natural resources that underpin national water, food, and energy security. Yet over the past four decades, the Yangtze river basin has experienced large-scale, high-intensity development that has severely impacted ecological and hydrological conditions. The region is emblematic of the challenges China faces as it looks to transition toward higher quality green development. This policy note, reviews experiences with eco-compensation in the Yangtze river economic belt (YREB) and makes recommendations for enhancing outcomes. Specifically, the note: (1) provides an overview of the development progress of eco-compensation schemes in the YREB in support of the national strategy for ecological protection and green development in the YREB; (2) assesses the effectiveness of the current eco-compensation schemes in the YREB through a series of case studies; and (3) presents policy recommendations for improving eco-compensation schemes in the YREB.
Download or read book Environmental Management in China written by Jing Wu and published by Springer Nature. This book was released on 2020-05-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details various stages in the introduction, establishment and evolution of China’s environmental management system. By combining a literature review, comparative analysis, and case study, it investigates the environmental management system in several key periods in order to systematically assess the necessary measures and appropriate adjustments the Chinese Government implemented to reconcile the growing conflicts between economic development and resources conservation, in the context of rapid economic growth and economic transformation. Given its scope, the book offers a valuable resource for experts, scholars, and government officials in related fields.
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.
Download or read book Civil Liability for Marine Oil Pollution Damage written by Hui Wang and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 442 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 and I) Clubs, non-profit organizations specializing in liability insurance; the main international players - the International Maritime Organization (IMO), the Comit? 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.
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.
