Study On The Building Of The Legal System Of China-ASEAN Environmental Cooperation

China-ASEAN environmental cooperation is at the beginning of the wave of globalenvironmental governance in the21stcentury. With the vigorous development of the ASEANFree Trade Area, Pan-ASEAN regional cooperation emerges, and ASEAN reinforces therelation with China, Japan, Korea and other neighboring countries in economic, political,cultural and other fields. ASEAN’s ten plus three cooperation model is emerging,China-ASEAN cooperation model as the sub-system of the ASEAN’s ten plus three has agreat development. China and ASEAN’s countries carry out a comprehensive economiccooperation, build the China-ASEAN Free Trade Area. At the same time, they aware that theenvironmental problems will affect and constrain the development of the economic, and theymake environmental protections as a issue of the comprehensive cooperation, to coordinatethe relationship of economic, politic and environment. However, the China-ASEANenvironment cooperation is budding, it is limited to solve regional environmental problems inessence. Therefore it is necessary to change the functional mode of cooperation to theinstitutionalization of cooperation, and building the legal system of China-ASEANenvironmental cooperation will make a system support and legal foundation for theChina-ASEAN Environmental Cooperation.The full-text is divided into five parts, the main content as follows.The first part mainly elaborates the basis of the China-ASEAN environment cooperation.It investigates the background and prevent situation of the China-ASEAN environmentcooperation, points out that the background of environmental cooperation between China andASEAN countries is from the common environmental issues which both facing with, and thepoliticization of the environmental issues, the common interests. At the same time it pointsout the field, the outcome document, institutional settings of China-ASEAN environmentalcooperation. It proposed that the existing China-ASEAN environmental cooperation is thepractice basis of building the legal system of China-ASEAN environmental cooperation.The second part introduces the model of China-ASEAN Environmental Cooperation, itinvestigates the European Union, NAFTA, ASEAN environmental cooperation model,pointing out that which is worthy of China and ASEAN to learning from the European Union,NAFTA environmental cooperation model. Building the legal system of China-ASEANenvironmental cooperation must consider the characteristics of China-ASEAN environmental cooperation, based on the model of the CAFTA and the ASEAN plus three.The third part is to build the legal system of China-ASEAN environmental cooperation.It explores the basic framework of the legal system of China-ASEAN environmentalcooperation, and points out the characteristics of the legal system of China-ASEANenvironmental, which including four parts: the legal documents of treaties, strategic files, thedomestic law, the outcome and forum of meetings.The fourth part is to build the institutional setups of the China-ASEAN environmentalcooperation. It discusses the premise and functions of the institutional setups of theChina-ASEAN environmental cooperation. It points out that building a “supra-national”institution is impractical, and put forward the institutions of the China-ASEAN environmentalcooperation including environmental policy-maker and negotiating body, the environmentalpolicy implementation and oversight body, and the environmental policy information-sharingbody.The fifth part discusses the environmental dispute settlement ways of the China-ASEANenvironmental cooperation. It discusses the ways to settle the dispute of the China-ASEANenvironmental cooperation, and points out that the scope of the dispute is not limited to theCAFTA internal environment disputes, which can be not simply apply to the Agreement onDispute Settlement Mechanism of CAFTA. It needs explore several ways.The sixth part is conclusion. Through the five parts above, the article builds the basicframework of China-ASEAN environmental cooperation in the legal system. It must toimprove the China-ASEAN environmental cooperation, and coordinate the interests ofeconomic, political and cultural between China and ASEAN. To the end, the epilogue is moreof a hope to build the legal system of the China-ASEAN environmental cooperation, andwhich also must be based on actual conditions.