On The Administrative Law Of China In Addressing Climate Change
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On The Administrative Law Of China In Addressing Climate Change
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Author : Shirong Fang
language : en
Publisher: Springer Nature
Release Date : 2023-01-18
On The Administrative Law Of China In Addressing Climate Change written by Shirong Fang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-18 with Law categories.
This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China’s administrative law in addressing climate change. With the basic content and structure of administrative law as the analytical framework and from the two dimensions of restraining the government's own activities to meet low-carbon requirements and prompting the government to effectively perform the new function of implementing low-carbon regulations, this book systematically studies the due changes and developments of theories and systems such as the basic principles of administrative law, administrative entities, administrative actions, administrative processes and administration liabilities.The purpose of writing this book is to explore and answer the vital role of China’s administrative law in coping with climate change as well as the development of theories and systems of China's administrative law to comply with the new requirements proposed by the government administration in the low-carbon era.This book is the world’s first legal monograph devoted to low-carbon administration in China in the field of administrative law, with novel, prospective and pertinent viewpoints, unique analysis, rich content and detailed information. The study involves cross-disciplinary research in the field of environmental protection, environmental law and administrative law. The book is also a window for the development of China’s administrative law, especially the overall development of low-carbon administration in China.The publication of this book can provide a necessary theoretical basis for follow-up in-depth research on this topic from both China’s and international legal circles as well as related multidisciplinary researchers and provide a substantive reference for worldwide practical circles to make relevant decisions.
Climate Change Law In China In Global Context
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Author : Xiangbai He
language : en
Publisher: Routledge
Release Date : 2020-05-31
Climate Change Law In China In Global Context written by Xiangbai He and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-31 with Law categories.
In Climate Change Law in China in Global Context, seven climate change law scholars explain how the country’s legal system is gradually being mobilized to support the reduction of greenhouse gas emissions in China and achieve adaptation to climate change. There has been little English scholarship on the legal regime for climate change in China. This volume addresses this gap in the literature and focuses on recent attempts by the country to build defences against the impacts of climate change and to meet the country’s international obligations on mitigation. The authors are not only interested in China’s laws on paper; rather, the book explains how these laws are implemented and integrated in practice and sheds light on China’s current laws, laws in preparation, the changing standing of law relative to policy, and the further reforms that will be necessary in response to the 2015 Paris Agreement on Climate Change. This comprehensive and critical account of the Chinese legal system’s response to the pressures of climate change will be an important resource for scholars of international law, environmental law, and Chinese law.
China S Way To Carbon Emissions Reduction
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Author : Ying Shen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-08-18
China S Way To Carbon Emissions Reduction written by Ying Shen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-18 with Law categories.
Now that the most recent scientific estimates have shown that China has become the world's largest source of greenhouse gas emissions, China's influence on the world's environment and sustainable development highlights the importance of tailoring Chinese climate change law to conform with the requirements of international conventions and agreements on climate change. This thorough analysis, based on an examination of climate status, legal background, and current regulatory systems in China, examines the potential role of different policy instruments in reducing carbon emissions in order to find an appropriate choice for China, and recommends approaches to key issues for relevant authorities. The author conducts a comprehensive and in-depth study on the three mainstream environmental policy instruments used to control carbon emissions – the cap-and-trade system, the carbon tax, and command-and- control regulations – in a Chinese context. She reviews China's current policies, and elucidates how the issues of climate change and global warming call for social, environmental, economic, and legal reforms in China, especially in the areas of administrative law and property rights law. Among the issues and topics covered are the following: - key issues on designing and implementing each of the three policy instruments; - the choice of regulatory instruments for carbon emissions reduction in a socialist market economy based on the discussion of market failure and government failure theories; - legal challenges from China's current administrative legislation and the definition of carbon emissions entitlements; - practical effect of China's climate change policy at the national, provincial, and local levels; - effectiveness of China's implementation of its international obligations; - lessons learned from schemes implemented in the United States and Australia; - comparison of China's seven regional pilot emissions trading scheme (ETS) programmes with the well-established EU ETS; - linkage between China's ETS and other ETSs from a global perspective; and - future direction of an emerging carbon market in China. The analysis assesses the critical costs and benefits of each approach in the context of selected case studies, taking legal literature in the field fully into account. Given that the Chinese government is taking steps to reduce emissions by altering energy production and usage and is signalling a willingness to make similar commitments in a multilateral treaty, it is very timely and important for lawmakers and scholars, within and outside China, to think about new and appropriate regulatory measures to respond to the crisis and plan for a sustainable future. This study provides not only a useful benchmark for both China and other countries in formulating initiatives on enhancing climate protection, but also details the global implications for governments and for international organizations concerned with the understanding between China and the rest of the world in the context of climate change mitigation.
Legal Methods Of Mainstreaming Climate Change Adaptation In Chinese Water Management
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Author : Xiangbai He
language : en
Publisher: Springer
Release Date : 2016-01-29
Legal Methods Of Mainstreaming Climate Change Adaptation In Chinese Water Management written by Xiangbai He and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-29 with Law categories.
This book addresses why, whether and how the existing legal framework on water management in China could make climate change adaptation a mainstream issue. The book uses a table to illustrate the distinctions and similarities between IWRM and water-centered adaptation to analyze the possibilities of mainstreaming adaptation. The new water-planning processes and EIA are also illustrated in the form of figures showing the differences after factoring in adaptation considerations. Interviews with water managers to obtain their perception and attitudes towards climate change adaptation offer new perspectives for readers. The adaptation- mainstreaming approach, which finds a way to balance various interests and tasks, will arouse the interests of those readers who argue that climate change is only one of the issues challenging water management, and that poverty reduction, environmental protection and living standard improvement are even more important. Readers will also be interested to discover that the adaptation mainstreaming approach could be applied in water management institutions such as water planning and EIA. In addition, the book offers a clear explanation of the challenges of adaptation to the existing water-related legal framework from a theoretical perspective, and provides theoretical and practical recommendations.
Legal Issues For Implementing The Clean Development Mechanism In China
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Author : Xiaoyi Jiang
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-08-13
Legal Issues For Implementing The Clean Development Mechanism In China written by Xiaoyi Jiang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-13 with Law categories.
Today, climate change is among the most hotly-debated topics. The Clean Development Mechanism (CDM), one of the three financial mechanisms under the Kyoto Protocol open to developing and developed countries, was devised to assist in mitigation of global warming. This book discusses what China should do to make full use of the CDM to promote sustainable development and to meet the challenge of climate change from a legal perspective. The findings lead to the conclusion that the CDM has limitations in promoting sustainable development in China, and thus should be regarded only as a complementary instrument in combating climate change. Legal strategies for improving the implementation of CDM projects under the legal framework in China are thus put forward, and some proposals for China to meet the challenge of climate change in the post-2012 era are made. This book offers new insights to academics and policymakers both in the public and private sector. It is intended for legal practitioners and researchers on carbon trading as well as policymakers interested in the role of developing countries in climate change law. In addition, it is of interest to stakeholders of CDM projects.
Climate Change Liability And Beyond
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Author : Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著
language : en
Publisher: 國立臺灣大學出版中心
Release Date : 2017-01-18
Climate Change Liability And Beyond written by Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著 and has been published by 國立臺灣大學出版中心 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-18 with Law categories.
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.
Environmental Law In China
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Author : Wang Xi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-06-20
Environmental Law In China written by Wang Xi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-20 with Law categories.
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.
China S Influence On Non Trade Concerns In International Economic Law
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Author : Paolo Davide Farah
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-14
China S Influence On Non Trade Concerns In International Economic Law written by Paolo Davide Farah and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-14 with Law categories.
This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
Climate Change Litigation In The Asia Pacific
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Author : Jolene Lin
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Climate Change Litigation In The Asia Pacific written by Jolene Lin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-29 with Law categories.
Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.
Chinese Environmental Law
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Author : Yuhong Zhao
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-17
Chinese Environmental Law written by Yuhong Zhao and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-17 with Business & Economics categories.
Analysis of Chinese environmental law with a focus on the development in statutory regulation, institution building and judicial innovation.