Research On Legal Issues Of International Environment Pollution Transfer

Trade and investment in developing countries are the direct causes of international pollution transfer which are the product of economic globalization. Developing countries are eager to improve economic level and their environmental costs is lower than developed countries, so developed countries are continue to export hazardous wastes, pollution equipments and products, high-density polluting enterprises, for mitigating their environmental responsibility and pollution consequences. China is one of the developing countries and because of its bad economic conditions and imperfect legal system, china has become the goal of pollution transfer of the developed countries. We must do a great many researches immediately and take measures to protect our natural resources and people's environmental rights.By using the methods of comparison and analysis, this article will introduce the legal meaning and the main types of international pollution transfer to reveal its reasons and nature. With the hope of providing beneficial references for legislation and adjudicative practices of our country, at the end of this paper, I'll provide some feasible measures to against international pollution transfer.There are five chapters except the preface and the conclusion.Chapter 1 firstly analyzes the concept and basic types of international pollution transfer. By the comparison of different concepts of transboundary pollution transfer, we indicate its indispensable five elements. At the end of this chapter, I introduce three types of pollution transfer: exporting wastes directly, polluting products and equipments international transfer, exporting high-density polluting enterprises.Chapter 2 introduces the important reasons and nature of international pollution transfer. The pressure of improving economic level is the direct reason and the huge gap of economy, science and technology between developed countries and developing countries makes the transfer behavior exist in a very long time. By analyzing the reasons and nature of transfer behavior, I declare that violates the other ones' environmental rights and demonstrating the injustice of international pollution transfer and the justice of transfer behavior control.Chapter 3 analyzes the urgent and serious conditions on transboundary pollution transfer in China. As one of the developing countries, the legislation of Environmental Law is issued later than developed countries. So China becomes the most convenient place and safe harbor of pollution transfer.Chapter 4 puts forward several suggestions to perfect the remedial measures in our country. By commenting on current law against transboundary pollution transfer, this chapter discusses the defects of the recent regulations. We should perfect our legislation and Environmental Standards System and at the same time, by using exception right of environmental protection, we will build a Green Trade Barrier or other proposal to avoid pollution wastes being transferred into our country. Especially under the pressure of international pollution transfer and the Green Trade Barrier, setting up green barrier is a great activity and it is significant.