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Legal Property Research On Global Environmental Standards

Posted on:2016-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LvFull Text:PDF
GTID:2296330461498635Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Global Environmental Standardization(GES) refers to the rule type detached from the national sovereignty and which concerns the environmental standards. The most representative GES is the environmental standards formulated by International Standardization Organization. With the deepening of globalization and the transition of social governing pattern from state governance to society self-governance, the environment standardization has gained its lawful status in solving environmental problems and its super-national feature has posed the challenge to the law, the core definition of jurisprudence. The phenomenon of GES urges us to reconsider the rationality of legal concept based on countries. Stick to the traditional concept of law is not only a negative influence on the improvement of the legal theory and innovation, but also a block to solve the practice problem sets of globalization in this new period. Legal History and National Elements of Legal History have proved legal concept is not never innate. Legal concept has been just a historic explanation for the source of the legal effect since the western nation-states appear. Since the connection between social private subject has changed, we believe that the source of the validity of legal norms should also obtain a new explanation. The law of sociology, the pluralism of legal the international soft law and other law doctrine provide a deep theoretical foundation for retreating of the concept of nationalism law. Marxism interest theory also provides the fundamental foothold for us to understand and interpret the concept of force law. Replacing the gravity on national force mandatory source to the specification itself is a process that the universal law of one pair of concept pedigree reconstruction in the concept of the traditional law. It indicates that our understanding of the concept of law needs to break the limit that the traditional concept of a static method. And we should view the law from the high-level, multi-dimensional and the conceptual point in order to have a comprehensive understanding about what is law. It is the development and growth of the concept of law itself, the process by which we re-examine the concept of law, global environmental standards were included in the concept of law. It has the property of law.
Keywords/Search Tags:global environmental standardization, national center of law notions, the source of the validity of norms, property of law
PDF Full Text Request
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