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Environmental Natural Resources Law

China And International Environmental Liability: Legal by Michael Faure, Song Ying

By Michael Faure, Song Ying

This booklet considers the ways that transboundary environmental pollutants will be remedied via quite a few felony tools. specific cognizance is paid to the pollutants of the Songhua river in China, yet criminal treatments to transboundary pollutants also are mentioned in a broader context. the focal point of this ebook is on overseas environmental legislation and foreign conventions in addition to the appliance of nationwide environmental legislations in a transboundary felony context. therefore contributions additionally pay attention to voluntary ways, the significance of transboundary environmental effect overview and the appliance of nationwide felony legislations to transboundary toxins. not just is transboundary pollutants mentioned from the viewpoint of foreign legislation, but additionally from that of the appliance of nationwide legislation to transboundary toxins, therefore centering on deepest legislations, administrative legislations and felony law.As such, this publication can be of serious curiosity to teachers, practitioners and scholars.

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Extra resources for China And International Environmental Liability: Legal Remedies for Transboundary Pollution (New Horizons in Environmental Law)

Sample text

If a domestic court provides an effective injunction against a polluting industrial facility, a ruling of an international human rights court or the ICJ to the effect that the state should ensure that that facility does no longer pollute may have little additional value – even though formally a judgment in the local court may not affect the procedure in an interstate court. Another dimension of the co-existence of multiple options is that one particular option can contribute to the mitigation of resolution of disputes between other parties.

That problem may induce the claimant to litigate in the courts of the state where the person causing the transboundary harm is based. Moreover, the possibility that a claimant may sue in his own courts may not be available at all when no specific treaty or other international instrument like Council Regulation 44/2001 is applicable. In the absence of such a treaty or other international instrument, the victim will often have no other choice than to sue the defendant(s) before the courts of the defendant state, for in many cases the domestic conflict of laws rules will determine that only the courts of the state where the defendant resides or is registered are competent.

But this is different at regional level, in particular in Africa: see art. 24 of the African Charter on Human and People’s Rights, 21 ILM 58. The African Commission noted in Communication 155/96 (The Social and Economic Rights Action Center for Economic and Social Rights v Nigeria) that ‘the right to a general satisfactory environment, as guaranteed under Article 24 of the African Charter or the right to a healthy environment, as it is widely known, therefore imposes clear obligations upon a government.

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