Journal of Environmental and Resource Law (Volume 2)

Author: Han Depai
Publisher:
Publish Date: 2002-04-01
Features: The global perspective on environmental issues provided by environmental problems brings about a limit thinking on environmental issues. The basic conclusion drawn from this thinking is that humans must self-limit in the face of the environment. Based on this conclusion, the institutional design is full of restrictions. This restriction is manifested in the legal rights and obligations arrangement as an obligation-based approach. The actual obligation-based nature of international environmental law is not the crystallization of artificial choices but rather the result of the "ark-like" production relations between different subjects in environmental issues. Local environmental problems also have limits, and the subjects facing local environmental problems have a similar "ark-like" relationship as the divided compartments. This relationship requires domestic environmental law, like international environmental law, to adopt an obligation-based approach.