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Extraterritorial Mirroring local structure in public participation.

Author: Anonymous From: www.yourpaper.net Posted: 2009-05-20 17:48:08 Read:
Abstract: This paper based on the theory of environmental rights, Dynamic Social Contract Theory Definition of stakeholders in public participation. Examine the basis of the system, the legislative practice of public participation extraterritorial environmental protection relative macro perspective examines refining to learn from the experience of meaning out of our country, and the institutional framework to construct a system of environmental protection of public participation in the analysis and profound Thinking on the basis of the local legislative picture defects.
Keywords: Environmental Protection public participation extraterritorial Mirroring local tectonic

As the social foundation of environmental protection, public participation in China's environmental protection an important part of the social system works. The successful experience proved extraterritorial environmental protection, public, government, and enterprises to protect the environment is one of the most sustainable Trinity. Public participation is not a unique concept in the science of law, within the framework of Resources and Environmental Protection Law, the scholars will be defined as follows: in the field of environmental protection, the citizens have the right to participate in all decision-making related to environmental benefits through certain procedures or ways of activities, so that the decision-making in line with the vital interests of the majority of citizens.


Theory base lay in public participation.

(A) Environmental Rights Theory
"In an environment of dignity and health of human beings have the right to enjoy the basic rights of freedom, equality and adequate living conditions, and the responsibility to protect and improve the environment of this generation and future generations of the solemn responsibility. Environmental rights advocate is a doctor of the Federal Republic of Germany in 1960, first proposed. In 1969, the American scholar Josph Sax is based on "common property" and "public trust" theory of jurisprudence, environmental rights theory. Environmental rights is both a substantive right, is a procedural right. The right to participate, including the right to clean air, clean water right, tranquility, the environmental aesthetics rights, Right to Environment, Environmental Affairs, environmental claims, and public oversight rights and interests. Was the expansion of trends with the public environmental awareness, the scope of the environmental rights, environmental rights, as the third generation of rights in the lineage of human rights and public participation in environmental protection is the most solid kernel.
(B) the dynamic social contract theory
Hobbes in modern times, the first comprehensive exposition of the theory of the social contract and then, Locke, Rousseau and others further deduction, the social contract theory constantly fruitful. However, with the change of the economic structure of human society, the classical theory of freedom of contract began to slide into the brink of collapse, was to track it Foucault's postmodern discourse, shouting "Contract died. A new alternative to rational practice environment is constantly being challenged in the classical social contract theory, the maintenance of the security of human interaction is bound to the selection of individual interaction sublimation, namely dynamic social contract theory came into being. Professor Zheng Shaohua think: social contract theory of the so-called dynamic between citizens - National - Societies, the assignment of the rights is not static, but also non-disposable, it is dynamic with changing times, many times, continuity alienation, in this process, the emergence of a society to some extent also adjust the contract concluded by mechanical unidirectional pattern. Dynamic social contract theory to new natural law thinking solidarity ideology heritage, help make up for the lack of freedom of contract abuses of the social contract theory, active public participation in the planning process of such "non-disposable" social contract reached Environmental Protection of the modern undertaking fit state and the individual the relationship dynamic negotiation democracy Contracting grid.
(C) the stakeholder theory
Gunton and Vertinsky (1991) mentioned some decisions directly affect the groups, ie stakeholders should be directly and effectively participate in decision-making procedures. Jackson (2001) subsequently pointed out that the stakeholders should be those groups affected, and should not be identified by the relevant agencies of the affected groups. Of stakeholder analysis is very beneficial, specifically in: to help understand complex issues; help find possible interaction. It is a management decision making and forecasting tools that may conflict. Stakeholder analysis is to study and distinguish stand by the affected groups, a growing number of conflicts on environmental issues, to promote attention to the study of conflict management, stakeholder analysis, especially the stakeholders involved in the decision-making process , has become a very common phenomenon.


Extraterritorial legal practice and experience in public participation.

(A) The Environmental Protection public participation in international legal documents show
Public participation as an inevitable trend of the 21st century, environmental protection, attaches great importance to the international community. Many international documents such as the Universal Declaration of Human Environment, the Rio Declaration, and so on public participation provides the basis of international law. Formed in the sixties and seventies of the 20th century, the idea of ??public participation provisions of Article 23 of the UN General Assembly adopted the World Charter for Nature, October 28, 1982: "Everyone should have the opportunity to participate in working out individually or collectively, in accordance with national law. their environment is directly related to the decision; encountered such environmental damage or degradation should approach of redress. " Which states that a public right of individuals to participate in the content. The right of the public to participate in environmental protection for the first time to be recognized in international environmental law is adopted the Rio Declaration on World Environment and Development Conference in 1992, 10 of the Universal Declaration of principles announced: "Environmental issues are best in the participation of all concerned citizens, to be addressed in the level. countries should be widely available information to facilitate and encourage public awareness and participation, people can effectively use the judicial and administrative proceedings, including redress and remedy procedures. Since then, the principle of public participation have been confirmed in the relevant legal documents of the international environmental protection.
(B) The Environmental Protection public participation in the show
extraterritorial domestic legislation
U.S. legislation: the 1969 United States to develop the National environmental Policy Act (NEPA) section 101 (c) shall stipulate: "Congress think, everyone Dou can enjoy a healthy environment, and at the same time everyone also have the responsibility to participate in environmental improvement and protection." . Public participation in environmental impact assessment system, the first of its kind and the first 102 of the Act. U.S. environmental legislation also explicitly provides for civil litigation, citizens can legally fulfill legal obligations of illegal polluters or the federal Environmental Protection Agency sued. Single-line environment in order to facilitate the citizen suit, the legislation also provides for a more complete Terms and Conditions. Clean Air Act provides that the court may decide to encourage the public to supervise the executive authorities in order to reduce the burden of the plaintiff's litigation costs, litigation costs, including a reasonable amount of attorneys' fees and expert testimony fees both either borne by the litigation. This requirement means that the plaintiff's litigation costs may be borne by the defendant.
Japanese legislation: "Japan's anti-pollution measures Act gives the public environment right to dissent, to achieve the effective legal protection of citizens' participation in environmental decision-making; hearing process provides for public participation in environmental impact assessment and public oversight procedures in its Environmental Impact Assessment Law" , and 18 of the Act, the provisions of a: "starting from the point of view of environmental protection, within two weeks after the draft report on environmental impact assessment, the provisions of Article 16 of the announcement time start to the end of the public scrutiny time you can file the way to the project sponsor to clarify its views.
EU legislation: to establish the legal status of public participation, provides for a variety of public participation, and set up a special agency - the European Environment Agency, independently responsible for the collection and provide accurate and comparable environmental information. Enacted in March 1997 by the Council of the European Union "on the development of public and private project environmental impact assessment directive amendment" made it clear that public participation; Sweden public participation as a principle of environmental law enshrined in law; United Kingdom Law provides that the public can participate in the whole process of the National Environmental Management forecasting and decision-making, and all interested person may participate. In addition to the above-mentioned countries, in many countries the law provides for public participation, such as the protection of the natural environment of the Republic of Ukraine Article 9 of the Act states: "Citizens are entitled to statutory procedures on the natural environment and its impact on the impact of the health of residents and reliable information. " The Thailand National Environmental Quality Act (1992) also has similar provisions. Public participation has an important place in the extraterritorial environmental protection practice.
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