The Concept and Value Pursuit of Environmental Law

Author: Wang Jin
Publisher:
Publish Date: 2000-01-01
Features: This book is a revised version based on the author's doctoral dissertation "The Theory of Environmental Law Purpose." It conducts an objective, detailed analysis and systematic, comprehensive discussion on the formation of the purpose of environmental legislation and its underlying value concepts through seven parts: Introduction, Historical Examination of the Evolution of the Purpose of Environmental Legislation, The Unreasonableness of Protecting the Environment Using Traditional Legal Methods, Basic Concepts of Environmental Protection, Goals of Environmental Legislation, The Convergence of Global Environmental Law as Seen from the Shift in Goals of Environmental Legislation, and Conclusion. The book argues that the purpose of environmental law is a fundamental value that legislators aim to achieve by enacting environmental laws. Its legislative guiding ideology and value needs are to balance human interests across generations, maintain the sustainable development of economies and societies, and protect the inherent rights and interests of humans and natural entities. It serves as the starting point for the basic ideas and value concepts of human society in determining the relationship between humans, the environment, and ecosystems through law. In their domestic environmental legislation, countries adopt the concept of "ecological interest centralism" as a guiding principle, formulate and implement national environmental protection policies and measures based on the principle that national interests align with global interests, and enjoy the rights to the Earth and bear the obligations to the Earth.
[Editor's Recommendation] Although I do not fully agree with the author's fundamental viewpoints, the weight of this work is undeniable. I believe that the core essence of the new arguments the author proposes for interpreting the purpose of environmental law lies in "ecological interest centralism" and the advocacy of "natural rights." If these views are recognized by law, they will not only represent an innovation in environmental law theory but will also have a profound impact on the entire field of legal philosophy. — Professor Shen Zongling, 1997
This work employs multidisciplinary methods to provide an exhaustive discussion on the purpose of environmental legislation. From the perspective of the intrinsic value of nature, the author analyzes the limitations of traditional environmental protection approaches and boldly proposes the establishment of new legislative concepts such as "balancing interests across generations" and "protecting the rights of nature." It reveals the future trend of "convergence in global environmental legislation." These ideas are undoubtedly novel and challenging, marking a theoretical advancement in the study of environmental law theory. — Professor Ma Xiangcong, 1997