Research On Legal Issues Of International Environment Transfer

Trade and investment activities between developing countries and developed countries are the direct causes of international pollution transfer, which is 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 continuing to export hazardous wastes, pollution equipments and products, high-density polluting enterprises. By mitigating their environmental pollution to developing countries, developed countries are transferring the responsibility and pollution consequences to developing countries, which originally should be taken by developed countries themselves. China is one of the developing countries, and because of its poor 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, I will provide some feasible measures to against the international pollution transfer.There are four 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 trans-boundary pollution transfer, we indicate its indispensable five elements. There're 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 in international pollution transfer by angel of view of ecology, economics and law. 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 trans-boundary pollution transfer in China. As one of the developing countries, the legislation of nvironmental 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 concerning on current law against trans-boundary pollution transfer, this chapter discusses the defects of the recent regulations. We should perfect our legislation environmental standards system and at the same time, by using exception right to 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 us a great activity and it is significant.