Environmental Law Codification in China
Description
This book emerges from a series of research seminars and projects conducted over seven years at prestigious Chinese law schools and environmental research institutes, focusing on the formulation of an Environmental Code in China. Contributors, many of whom have participated in these seminars and published in leading Chinese law journals, provide readers with an insightful and comprehensive guide to this significant endeavor.
The primary objective of this book is to analyze the multifaceted aspects of environmental law codification in China against its unique legal, social, and political backdrop, and its far-reaching impacts on environmental governance in the country. It delves into the necessity and methodologies of developing an environmental code tailored to China's specific environmental challenges, offering insider perspectives on procedural and substantive issues related to environmental law codification. This includes reviewing the theoretical underpinnings, such as the necessity and feasibility of codifying environmental laws, as well as discussing the structure and coverage of the proposed Environmental Code.
Moreover, the book explores the interplay between the proposed environmental code and existing national laws, such as the Constitution, Civil Code, Criminal Code, and the prospective Administrative Code of China. It examines key issues such as environmental rights, ecological and environmental liability, and low-carbon development within the context of the proposed Environmental Code. With contributions from counselors and judges of Chinese environmental courts, this book is positioned as an authoritative resource for environmental researchers and judges in this field.
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Dr Xiaobo Zhao is a senior lecturer in law at the School of Law and Justice, the University of Southern Queensland (UniSQ). He received Master of Laws degree from the Research Institute of Environmental Law (RIEL), Wuhan University in 2008; and PhD degree in law from Western Sydney University (WSU) in 2012. Prior to joining UniSQ, he worked as a lecturer in law at the Shanghai University of Finance and Economics. He has been teaching across a range of law subjects including environmental law, Australian Tort Law, Water Resource Law, and Research Projects on sustainable development. He is specialised in Chinese environmental law, comparative environmental law, contaminated land law and torts. He has authored (co-authored) the following law books: Contemporary Australian Tort Law (2nd ed) by Cambridge University Press in 2024; Foreign Environmental Law (with Shuyi, Wang et al), by the China Social Sciences Press in 2023; Environmental Public Interest Litigation in China (with Xi Wang, Noeleen McNamara), by Springer in 2023; Developing an Appropriate Contaminated Land Regime in China (2ed), by Springer in 2019; On contaminated land legislation in Japan, by the Law Press China in 2018.
Prof Noeleen McNamara is a professor in law at the School of Law and Justice, University of Southern Queensland (UniSQ), Australia. Professor Noeleen McNamara has taught and written in the area of environmental law, especially mining and natural resources law, for over 20 years. Recent publications: Mark Butlin, Noeleen McNamara, Law and Ethics for Australian Teachers, Cambridge, 2021; Noeleen McNamara and Lynda Crowley-Cyr, Contract Law, LexisNexis, 2023; 'Environmental Public Interest Litigation in China', was published by Springer in 2023.
Prof Gu Gong is a professor with tenure in environmental law in the Law School of Peking University, China. He is the `Peking University Boya Young Scholar', and the deputy of Secretary-General of the Environmental Resources Law Research Association, Chinese Law Society; he is also the Deputy Chair of the Environmental Law Branch of the Chinese Society of Environmental Sciences. His research interests include environmental resource law, ecological civilization theory, and public interest litigation.
Dr Kaijie Wu is an assistant professor of Law at the Law School of Peking University, China. Dr Wu has held the position of postdoctoral researcher at the Peking University Law School since July 2019. He earned his PhD in environmental law from the Renmin University of China in 2019. His PhD dissertation focused on the harmonization and codification of Chinese environmental law. He also has an S.J.D. degree at the University of Michigan Law School. His recent publications focus on the codification of environmental law, environmental regulation, protected areas law, and environmental public interest litigation. He has edited (co-edited) the following books: Essentials of the Codification of Chinese Environmental Law (Law Press, 2023); and Compendium of Legal Documents for the Codification of Environmental Law (Law Press, 2022).
Content
Environmental Law Codification: Towards A New Paradigm of Environmental Legislation in China.- Environmental law Codification in China: general considerations.- On the structure of China's environmental code: lessons learned from the foreign jurisdictions.- On the Construction and innovation of the frameworks of China's environmental code.- The systematization function of environmental law codification in China.- Pollution Control in China's Environmental Code: A critical analysis.- On the Basic Principle Provisions of China's Environmental Code.- Nature and Ecosystem Protection in China from the perspective of Environmental Code.- Ecological Environmental Legal Responsibilities from the Perspective of Environmental Code.- Natural and cultural heritage conservation and the Environmental Code of China.- On the Expert Draft of the Environmental Code of China.- Pandekten School and the Compilation of China's Environmental Code: A Reflection on German experience.- Green and low-carbon development as an integral part of the China's Environmental Code: its logics and normative expression.- Codification of Energy law in China's environmental Code.
