Journal of Environmental and Resource Law · Volume 5

Author: Lü Zhimei
Publisher:
Publish Date: 2005-02-01
Features: This book publishes over ten articles, with the main content including:
Gao Lihong's article "Animals as Referents for the Concept of Legal Subjects" argues that the formation of human's class essence is a generalization derived from comparing and distinguishing it from animals. The emphasis on human subjectivity invariably involves animals as implicit or subtle comparative objects, with the depreciation of animals contrasting sharply with the elevation of humans.
The article "Legal Issues of China's Fluorite Export Trade Control" attempts to elaborate on important issues in the new round of WTO negotiations—trade and the environment—starting from the differences between China and the United States on the issue of China's fluorite export trade control. In the 1980s, the "Environmental Justice Movement," led primarily by African Americans in the United States, led to "Environmental Justice Legislation." In Wen Tong'ai's article "Review of U.S. Environmental Justice Legislation," it is argued that U.S. environmental justice legislation is destined to fail.
The article "On the Environmental Personality Right System in Civil Law" explores the legal positioning of environmental personality rights in civil law, discussing the characteristics, content, and remedies of the environmental personality right system. It is a conceptual framework rooted in civil law theory, environmental protection philosophy and practice, and the goal of protecting private interests.
The paper "The Rationality of Environmental Law" follows the path of legal historiography and legal philosophy, employing conceptual analysis to examine and interpret rationality. It concludes that, from the perspective of modernity, the rationality of environmental law is "moderate rationality."
The analysis focuses on the subject of environmental law and the relationship between environmental law and civil law, discussing the manifestation of moderate rationality in environmental law.