The Legal Obligation Of Non-state Actors To Protect Environmental Rights

Related research on non-state actors set off a theoretical trend of thought with the rise of the social organization movement in the 1980s and 1990s.The research on non-state actors comprehensively reflects on the crisis in the process of the development of social,economic and cultural rights,which leads to the failure to fully realize the rights,and then calls for reexamining the relationship between rights and obligations so as to establish a new value concept;breaking through the state obligation as the center The concept of human rights,and then called for the construction of non-state actors to protect social rights of legal obligations system.The traditional theory of state obligation of social rights emphasizes the dependence of social rights on the state,while the non-state-actors-related research further reveals the connection between other subjects of social rights.The diversification of such obligations largely determines the extent and future direction of the realization of social,economic and cultural rights.Based on prominent environmental social issues,we choose to use environmental rights as a starting point for research and provide an effective reference for other social rights.First of all,starting from the background of non-state actors participating in the protection of environmental rights,the dissertation discusses the definition of non-state actors and environmental rights,the construction of legal obligation system and the research methods,and makes clear that non-state actors the concept of law and the attributes of environmental rights of social rights.On this basis,to explore the theoretical basis and related basis for the legal obligation of non-state actors to protect environmental rights.Mainly from three aspects:First,non-state actors to protect the legal basis for environmental rights,that is,"national-social" dualism,The objective value of the basic rights and order functions and orderly third party effectiveness theory,the British "horizontal efficacy theory" and Theories of "State Behavior" in the United States.Second,the normative basis for the non-state actors to undertake the obligation to protect environmental rights mainly includes the provisions of the relevant international treaties,the relevant provisions in the constitutions of various countries and the norms governing the non-state actors' obligations in existing laws and regulations.Third,non-state actions Body to undertake the environmental protection rights obligations need to practice.Thirdly,it borrowed the three-level framework of state obligation to construct the system of legal obligation of non-state actors to protect environmental rights,and analyzed and explained that special respect obligation,the obligation of protection and the obligation of replenishment.Finally,to discuss the responsibility of non-state actors for violating the legal obligation to protect environmental rights,that is,discussing from two different perspectives,one is from different levels(including the two levels of theory and norms),the other is the perspective of different subjects Out of the legal obligations to be borne in violation of different obligations and gives some suggestions on how to promote the legal responsibility of non-state actors to protect the environment.