Journal of Environmental and Resource Law, Volume 4

Author: Xu Xiangmin, edited by Lü Zhongmei
Publisher:
Publishing Date: 2004-04-01
Features: The 4th volume of "Collected Essays on Environmental and Resource Law" publishes over ten articles, mainly including: Cui Jianyuan's article "The Formulation of the Civil Code and Environmental Resources and Their Rights" argues that responsible human-centered philosophy aligns with the current civil law thought and system and is more acceptable. Water rights, mining rights, fishing rights, and hunting rights are relatively special compared to typical property rights and should not be directly stipulated by the Civil Code. The article "The Environmental Perspective of Property Law" does not confine itself to discussing the relationship between the environment and property law but primarily seeks a path to solve practical problems using private law thinking from the perspective of property law theory. It introduces an environmental perspective to thoroughly transform the institutional system of property law. "On the Formation and Development of the International Ecological Security Law System" proposes that with the continuous emergence of global environmental issues, the international ecological security law system has basically taken shape and is rapidly developing, primarily reflected in biosecurity, biological resource protection, atmospheric environmental protection, marine environmental protection, and the control of weapons of mass destruction. "Countermeasures and Suggestions for the Legislation of Fishing Rights in China" elaborates on the composition of fishing rights and argues that the reform of China's fishing rights system should distinguish between two different types of fishing rights. The article suggests that China should learn from foreign legislation to establish a collective fishing rights system. Fishing rights are quasi-property rights subordinate to administrative law and are established through administrative permits. "Conceptual Framework for a Tradeable Water License System" argues that the scarcity of water resources leads to a conflict between their economic value and environmental value. An effective method to balance these two values is to implement a tradeable water license system under the principle of environmental value priority. The premise for this system is the state ownership of water resources. Its basic requirement is to transfer some of the rights of economic water use ownership to users based on the division of environmental water use and economic water use according to the principle of environmental value priority, and to allow licensees to transfer licenses.