On International Environmental Law, Development Trends And The Impact Of The China Environmental Law

This article will try to make the discussion about the international environmental law development and tendency, which not only contain the research of "Chinese Environmental Law" legislation, but also the influence of the international environmental law to the "Chinese Environmental Law". The article is the first time to analyze the influence of the international environmental law to the Chinese environmental law deeply; also first proposed direction of the future international environmental law possible development.First chapter is "The principle and depend of the environmental law". The chapter contained two parts which of the " analysis of the Chinese environmental law" and "the international environmental law basis and the content analysis". The former discussed about the principle, the legal structure, the inspector general control system and the legal system; the latter analysis of the content and the spirit depend on three important stages in the international law development and four big subject declares. "Decompositing law structure after the author, found the direction of legislation just make the principle as the constitution of the environmental law, whatever the principle based on "three establishments, three synchronization, and three unification". The another word that both environment and economics are very important.The Chinese economy development is behind to the America and European country, and the government does not emphasize into the environment problem and make the legislation of environmental protection backward obviously; even the principle of legislating also behind twenty or thirty years to them. For example, "The principle of prevention and treatment as the same time", which is the USA raised in 20 years ago and now has promoted to "the prevention is before the treatment". As we know, if we have not made pollution, we do not have to treat. Therefore, the environment protection idea of 21st century is people who should not make pollution. Even if there are wastewater, the waste gas and the solid waste also should be recycled completely, which achieves the ecological world.After the "Declaration of the United Nation Conference on the Human Environment" inStockholm in 1972, human make an important environmental conference and declaration each ten years. Those are basic rules of the international environmental law, which include "Declaration of Human Environment", "World Charter for Nature", "Rio Declaration on Environment" and "Agenda 21" four important literatures. These four literatures all have the background factors, also have represented the human civilization evaluation path. The declaration content is from simply declared the protection of rare zoology and botany to the protection of outer space to seabed. The author tried to analyze the fundamental of those declarations to understand the direction of development of international environmental law.Second chapter is "The Resources and Development of the International Environmental Law". The chapter discusses the point of the resources and development path of the international environmental law and divided three parts of "International Law and International Environmental protection", "The principle of the International Environmental Law", "The research of the international environmental protection treaty classification". The environmental pollution problem was developing to the international issue after 1950. Therefore, international environmental law concludes the bilateral treaty and the multilateral treaty because of the environment problem, which are also more and more. However, the international environment law also quietly has occupied the important space in the international law. In addition, it has established its origin in the international environmental law is from the treaty, customary law, general principle of law, the binding acts of international organizations, and soft law. Moreover, this chapter also explained detail about nine principles which are "the respect other country environment sovereignty" ? "the international cooperation", "preserved and protection", "prevented the environment harm", "the environment impact assessment", "expenses paid by the polluter", "the notice and the aid when the emergency happen", "transnational notification and consultation" and "environment right equal". However, the essential component of the international environmental law is international environmental protection treaty. Generally speaking, the treaty characteristic contained the way to carry out the treaty, the treaty execution and surveillance department, the establishment specialized agency for surveillance, the treaty revision elasticity, the treaty planning, the international cooperation and so on. In addition, the treaty also divided into eight categories because of its protection object. This also was the international environment law first time classified with this way.Third chapter is "the international environmental protection organization and controls". This chapter discussed that the function of international environmental protection organization and how to input the international organization between government and nongovernment. The function of international environment organization includes research, information exchange, rule formulation, treaty surveillance of and execution as well as management nature resources and so on. In addition, in this chapter also discusses 16 official organizations of countries in the United Nations, which have all acted the quite important role in the environmental protection especially the United Nations Environmental Programme (UNEP). UN Commission on Sustainable Development (UNCSD) make the contribution to the international environmental protection directly.In the past thirty years, the world all focuses in the international trade, thus the international important trade organization such as World Trade Organization (WTO) and Europe Union (EU) also share parts of responsibility about international environmental protection. However, the other nongovernmental organization sometimes display the bigger surveillance such as "Greenpeace International" and "International Union for Conservation of Nature, IUCN".Fourth chapter is "The effect of the international environmental Law's treaty to Chinese environmental Law" This chapter is the key point of the dissertation, also the first time inspect the Chinese environmental law from the international environmental law viewpoint. Specially for the four parts to analysis about the waste, the air, the sea and the ecology. "The Chinese Solid Waste Management Law" is instated of "Resources Recycle Act" gradually and the entire legislation spirit also center continues forever the management idea with "the 21st century agendas" mutually to agree with. However, the international environmental law which "Solid Waste Management Law" corresponds is "the Barthel convention". In this chapter discussed that the inspirit of the "Barthel convention", the important stipulation of the border crossing and the possibility of the cooperation with waste cleaning between China and Taiwan. Such as idea and view point are all the author's experience of working in environmental protection in the past 25 years, also the different view point from other environmental law researcher. "The Chinese Air Pollution Control Act" is the second elaborated subject. In this article to its laws andregulations, structure, the control system, the legal system and the legislation tendency all has the certain analysis. Certainly, "the Kyoto Protocol" is the most important part in this chapter because of its starts to carry out on February in 2005. In this article specially mentioned two subjects are "the effect of kyto protocol to Chinese environmental law" and "China to the kyto protocol in accordance to the countermeasure". These two subjects special point out the urgency which China inner law and the international environment law connects rails, and proposed the solution way, including " subscribes decides and revises the law", "develops the new energy technology", "the waste recycle", "the development of the green industry", "promotes the efficiency energy" and "the strengthened of emission trading" and so on. Third subject is the effect of the environmental protection of the "International ocean convention" to the "Chinese Ocean Environment Protection Law'. Fro the article, found the influence deeply and made the quite big revision; after the revision law emphasized to protects the ocean ecology from the whole, comprehensively makes the system stipulation to the marine environment management, increased to the key area implementation total quantity control". The marine pollution accident emergency reporting system, three stages at the same time systems, backwardness industry content and so on elimination system, pay for pollution discharge, declaration system, and environmental impact assessment system. This chapter discussed finally that the same and different between international ecology protection convention and the Chinese ecology protection law. "The Washington Convention" although signed in 1973, but in the beginning of 20th century, the humanity had realized in fact, on the earth, besides the superiority humanity, other zoology and botany started seriously to suffer the threat which the human lived. Therefore, has the massive international environmental protections law and regulations all to be in imminent danger with the protection the wild animals and plants related. "Washington Convention" proposed the execution way that is including "the zoology and botany species be protected", "control the trading of wild animals and plants", and "established the controlling system of wild animals and plants". The "Biodiversity Convention" is the most important international ecological equilibrium convention in the 20 century's ends and beginning of the 21st century. Its control direction already not only was the traditional wild animals and plants, but also controlled the humanity to utilize the variety which the science and technology created. How to maintain these new varieties and how to keep the equilibrium between new varieties and old varieties was testing the international environment law. However, these also were 21st century humanities the biggest topics.