Journal of Environmental and Resource Law (Volume 3)

Author: edited by Lü Zhongmei and Xu Xiangdong
Publisher:
Publishing Date: 2003-07-01
Features: The third volume of "Collected Papers on Environmental and Resource Law" publishes over ten academic papers, including: "On the Foundation of Environmental Law from a Global Perspective," which proposes that humans must self-restrict in the face of the environment, and this restriction is manifested in the legal arrangement of rights and obligations as a duty-based orientation. "'The Law of Business' Formation—Theoretical Expansion of Environmental and Resource Law under Market Conditions" takes the formation of "government failure" as the analytical starting point, arguing the necessity and urgency of cultivating and forming market mechanisms in the production and supply process of environmental resources. "Sustainable Development and Local Environmental Legislation" is a specialized research on local environmental and resource legislation, analyzing the form, characteristics, and existing problems of China's local environmental legislation, and proposing basic ideas for strengthening and improving local environmental legislation under the guidance of the principle of sustainable development. Wang Rong's paper, "On Environmental Crimes That Should Be Established but Have Not Been Established in China's Criminal Law," is based on the omissions of the current criminal law, attempting to propose specific solutions to address the institutional shortcomings by analyzing the deficiencies in the provisions of environmental and resource protection crimes in the criminal law. Professor Cai Shouqiu's "Research on Water Resource Protection Legislation Abroad" is a legislative research result of the "Amendment to the Water Law of the People's Republic of China," providing theoretical support for the revision of China's water law, especially the improvement of the water resource protection section. "International Legal Development of Climate Change: A Review of the Kyoto Protocol" examines the limitations of the "United Nations Framework Convention on Climate Change," analyzes the main legal systems and rule improvement issues of the "Kyoto Protocol," and evaluates the groundbreaking impact of the "Kyoto Protocol" on international environmental legislation. Professor Lü Zhongmei's paper, "Preliminary Exploration of Environmental Litigation—Is There Environmental Litigation?" explores the necessity of establishing a specialized environmental litigation system through the analysis of two typical case studies in the practice of environmental litigation.