Research On Legal Regulation Of Pollution Transfer

With the environmental movement growing in depth, more and more environmentalists recognize that the environmental crisis is impossible to be effectively resolved if it does not link with social justice. However, compared to the extensive expansion of theoretical studies on environmental justice, the practice of promoting environmental justice is not so optimistic. The problem of pollution transfer illustrates this point. Pollution transfer frequently occurs, but there has been no effective response. Pollution transfer delays the favorable opportunity of pollution control, increases cost of pollution treatment, damages human and natural interests of the world, especially in backward countries and regions, and departs from the requirements of environmental justice. Moreover, pollution transfer is involved in the political, economic, ethical, technological and other aspects, and it is not easy to reduce or even eliminate it. Even in the 21st century the world attach great importance to environmental protection, businesses and individuals of developed countries continued to transfer pollution to backward countries and regions. Newly industrializing countries and regions, which are affected by pollution transfer of developed countries, actively transfer rubbish and pollution-intensive industries to the more backward countries and regions. China, as a big developing country, is deeply hurt by pollution transfer of EU, the United States, Japan and other developed countries. Numerous heavily polluting production processes and equipments are shifting from the eastern to central and western regions, from urban to rural area, and some "15 small" and "new five small" enterprises exist in rural areas. Pollution transfer is an important reason for China’s environmental degradation, and poor ecological environment is one of the main reasons for poverty of local people. However, there is much deficiency in existing domestic and international concepts, rules and specific measures dealing with pollution transfer, which can not solve the complex problems of pollution transfer. Deal with pollution transfer, regulation is the key. Thus, examining the existing regulatory system for pollution transfer, and pointing out its shortcomings, thereby proposing the recommendations of improving the regulatory system for pollution transfer is of great theoretical significance and practical value. In addition to the introduction and conclusion, the paper is divided into five major sections.The first chapter analyzes the basic problems of pollution transfer. In order to raise awareness of pollution transfer, it is urgent to fully study from the basic level the issues that people have inconsistent understanding. This chapter focuses around the concept, characteristics, great harm and substance of pollution transfer for analysis. The paper first defines the concept of the transfer of pollution, and differentiates between pollution transfer and transboundary pollution. Characteristics of pollution transfer are also the focus of this chapter. The main features of pollution transfer are as follows, man-made pollution transfer is prominent, transfer objects and transfer method is diverse, pollution transfer is mainly driven by economic benefits. This chapter concluded with the enormous harm and injustice of pollution transfer. Pollution transfer would cause enormous damage to the economy and the environment in developing countries, rural environment is the weakest link and the most affected area. The persons who transfer pollution evade the responsibility for dealing with pollution, hurt human and natural interests of the backward countries and regions, and fail to compensate, which is contrary to justice.Chapter II mainly analyzes and discusses the concept of pollution transfer regulation. Environmental pollution transfer is not a simple market behavior, and it will endanger the survival and development rights of vulnerable persons and will eventually endanger the global interests. Therefore, it is necessary to prevent pollution transfer repeat or deepen the past environmental negative effects. As the market can not self-eliminate pollution transfer, market failures often hinder markets of the environment and health resources for efficient functioning, and even prevent low-income groups in the market, regulation of pollution transfer is very important. Regulation of pollution transfer must have an advanced idea, otherwise we can’t have good results. As many scholars consider sustainable development as the only concept of regulation of pollution transfer, this chapter focuses on sustainable development and environmental justice in a comparative analysis. While stressing the development, sustainable development concept pays inadequate attention to environmental protection, and its practical significance to regulation of pollution transfer is also very limited. Environmental justice is not opposed to development, but focuses more on fairness and justice of environment. Justice is the primary concept, while other values conflict with it, we must maintain justice. Therefore, based on injustice of pollution transfer, environmental justice should be emphasized as the concept of regulation of pollution transfer.Chapter III introduces domestic and foreign pollution transfer regulations. Section I analyzes the relevant international rules of pollution transfer. Firstly, using trade restrictions to prevent pollution transfer is very common. In recent years, people gradually found that there is potential conflict between free trade and environmental objectives, and tend to agree that trade restriction is an appropriate response to pollution transfer, because the most effective and appropriate way is to eliminate economic incentives. Multilateral organizations or agreements in general adopt uniform international environmental standards and give the affected countries freedom to adopt unilateral trade restrictions on pollution haven which is non-compliant to the obligation. Secondly, once the transfer of the pollution occurs, the victim (the state, citizens) in accordance with customary international law or treaty law entitles to certain rights, and the country of pollution originated should bear some responsibility. Thirdly, since the late 1980s, the international environmental organizations strive to make universal environmental rights be recognized. Finally, the international community is trying to implement minimum international environmental standards. Differences of economic and technical level and differences in sources of comparative advantage of different countries determine that national environmental standards can not be completely convergent, and independent environmental cost internalization goal is difficult to achieve. However, globalization makes the condition of the Earth’s environment have a great relationship with national environmental standards adopted by every country, it is very important to adjust the Parties’ differences in environmental standards. Therefore, the international community is working on developing the minimum environmental standards which countries must comply with, and the theoretical framework of these minimum standards have gradually emerged. SectionⅡof this chapter made a regulation of pollution transfer brief to the United States, the European Union and Japan. In general, their level of environmental protection is high, prevention of domestic pollution transfer has been impressive, but the outward transfer of pollution is not their focus. The United States pursues the "liberalism" of pollution transfer regulation, focusing on the use of rights to regulate pollution transfer. The United States attaches great importance to the transfer of domestic pollution, development of environmental justice and active use of environmental economic measures is its features. The EU multi-level regulation of pollution transfer mainly refers to its multiple levels of legislation and law enforcement. In addition, because the command-control-style management methods is not conducive to reduce pollution emissions, hamper companies and enterprises to develop new pollution control technology, the European Union began to extensively use environmental taxes, subsidies, emission trading and other environmentally friendly economic measures. Japan adopts strict environmental standards, and regulates integrally urban and rural areas, so that the domestic pollution levels drop significantly. Section III of this chapter made a brief introduction on related international treaties and our country’s regulation of pollution transfer.Chapter IV detailedly analyzes the defects of our country’s legal regulation of pollution transfer. Although China initially established a system of regulation of pollution transfer, there are still many problems. Firstly, the relevant laws and environmental standards are inadequate. China lacks well-targeted pollution transfer control law. Existing law provides inadequate punishment for the transfer of pollution. The important reason why pollution of developed countries enters into our country and domestic pollution has repeatedly occurred is that environmental standards are still not perfect. Secondly, there is a problem that environmental interests of the subjects related to pollution transfer are imbalanced, leading to the power resistant to pollution transfer of absence. Thirdly, the use of domestic environmental protection economic measures is immature, and the Government has few non-mandatory methods that limit the unfair impact of economic measures. Finally, law enforcement and management system in our country still have many problems.Chapter V discusses how to improve the legal regulatory system for Chinese pollution transfer, In improving the regulation of pollution transfer, environmental justice should be selected for the idea. Environmental justice is very important for the harmonious and sustainable development of the whole world. People should base on the requirements of kinds of intergenerational justice and intra-generational justice, establish the basic principles of pollution transfer regulation, and perfect the system and adopt relevant measures. Specifically, China should improve the legal provisions and environmental standards relating to pollution transfer, promote public participation, properly take environmental economic measures to make polluters pay for environmental protection, and strengthen the law enforcement and judicial activities. Only by upholding the Prevention and Punishment of the Crime simultaneously, so that pollution transfer is not worth the candle, then can we achieve the desired goals.Pollution transfer problem is very complicated, it involves philosophy, ethics, political science, economics and law and other fields. This paper focuses on the legal regulation of pollution transfer, because this problem is more prominent and the solutions will bring more obvious effects. Dealing with pollution transfer is a big problem, and we should face environmental ethics, moral, technical and economic barriers. Strengthening environmental ethics and moral education, increasing technology of screening and dealing with pollution and economic development plays an important role in prevention of pollution transfer. The author mainly adopts comprehensive, comparative, investigative and other methods to write this paper.