Journal of Environmental and Resource Law (Volume 5)

Author: Lü Zhongmei
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 Subject" argues that the formation of human class essence is a generalization derived from comparing and distinguishing it from animals. The emphasis on human subjectivity invariably involves animals as implicit or explicit 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 explore important issues in the new round of WTO negotiations—trade and environment—starting from the disagreements between China and the United States on the trade control of fluorite exports. In the 1980s, the "Environmental Justice Movement," led primarily by African Americans in the United States, led to "Environmental Justice Legislation." Wen Tong'ai, in the article "A Review of U.S. Environmental Justice Legislation," argues that U.S. environmental justice legislation is destined to fail. The article "On the Environmental Personality Right System in Civil Law" examines the legal positioning of environmental personality rights in civil law, exploring the characteristics, content, and remedies of the environmental personality right system. It is a conceptual framework rooted in civil law theory, environmental protection ideas and practices, and the goal of protecting private interests. The paper "The Rationality of Environmental Law" follows the path of legal history 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." Gong takes the subject of environmental law and the relationship between environmental law and civil law as the analytical objects, discussing the manifestation of moderate rationality in environmental law.