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Study Of Cross-border River Pollution Control Laws

Posted on:2008-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:G SunFull Text:PDF
GTID:2206360215960247Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Among the environmental crisis human faced, international river pollution is taking on a trend of more serious and expand, such as Rhine river pollution in 1982, the area around South confederation pollution attacked by North Agreement countries in 1990th,Donau river pollution in 2000, and Songhuajiang river pollution of China in 2005,etc. although, the bad effect of above cases is eventually controlled ,the damage made by these cases is very worthy for us to think of , namely, in order to avoid international river pollution , we should take in the succeed experiences ,and provide some feasible advice . This article can be divided into four parts to illustrate international river pollution.First: brief the birth of international river pollution and introduce some theory of it .The article showing that the ultimate reason of international river pollution is people extremely develop water resource .Moreover, the countries along river often cannot take effective measures to handle it, this will deteriorate it. There are some definitions of key words in this article, such as "international pollution damage" made by ILC, "any damage made by one country except in their own domain or the domain controlled by himself, no matter weather there are mutual area." " the definition of international river is any parts of a river situated in different countries, including oceans rivers and lakes, the article indicates that the range of international river pollution is often around the basin." The article then make a difference between international pollution and international pollution diversion, the first one is pollutions from one country to another by some environment things such as air and water etc, the second one is by human's behavior such as by air truck ship etc.The second part is back to measures made by China government in Songhuajiang pollution case, including pollution ecological assessment make long-term project harden the safety supervise of water product and take a series of expedient, negotiate measures with Russian ,the lower country of Songhuajiang basin . Meanwhile the article showing some shortages of this case, such as international river pollution expedient system is not effective, the assessment to this case made by government is not enough, the negotiation reached by China and Russia is lack of feasibility. In the last, the author make economics and law analysis to it, from the regional economics, the author introduced international loans and international investment to solve this problem. Moreover, we should broaden the context of bilateral or multilateral negotiation, make it more feasible.The third part ,in this part, the author emphasize that we should take a right attitude to international river pollution problem, and introduce the global agreement or area agreement to our country , of which some regulation is worthy ,such as《international river using rules》and《international river convention》, abstract some stipulations such as "fair and reasonable principle " " information telling system and disputation solving system ,etc. "The fourth part ,in order to avoid international river pollution, the author provide some advices from international environment law's angle, this can be divided into two parts, the first is we should confine to some principle, such as sustainable development principle, the sovereignty of national water develop and respect other's environment principle, mutual and different responsibility principle, cooperation principle, etc. In the second part ,the author provide some advices in system construction, for example, the long-term cooperation system, the inform negotiate and confer system of international environment crisis , information exchange system, and feasible damage compensation system. So the author expects this will provide some advisable value to solve international river pollution.
Keywords/Search Tags:international pollution, international river pollution, pollution diversion, international environment law's basic principle
PDF Full Text Request
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