Description
Book SynopsisThis book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context.
The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution.
Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
Trade Review'Few countries are likely to have a more important global environmental role in coming years than the People's Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China's engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work.' -- Philippe Sands QC, University College London and Matrix Chambers, UK
Table of ContentsContents: 1. Introduction and Editorial Preface Michael Faure and Song Ying PART I: INTERNATIONAL ENVIRONMENTAL LAW AND CONVENTIONS 2. Cluster-Litigation in Cases of Transboundary Environmental Harm André Nollkaemper 3. The Role of International Conventions in Solving Transboundary Pollution Disputes James Harrison 4. Transboundary Vessel-Source Marine Pollution – International Legal Framework and its Application to China Wang Hui 5. ILC Proposal on the Role of Origin State in Transboundary Damage Gou Haibo PART II: NATIONAL ENVIRONMENTAL LAW IN A TRANSBOUNDARY LEGAL CONTEXT 6. Applying National Liability Law to Transboundary Pollution: Some Lessons from Europe and the United States Michael Faure and Gerrit Betlem 7. The Joint Governance of Transboundary River Basins: Some Observations on the Role of Law Marjan Peeters 8. A New Look at Environmental Impact Assessments: Using Customary Law to Prevent Domestic and Transboundary Environmental Damage Jack Jacobs 9. Transboundary Environmental Crimes: An Analysis of Chinese and European Law Thomas Richter PART III: THE SONGHUA RIVER POLLUTION CASE 10. Reflections from the Transboundary Pollution of Songhua River Wang Jin, Huang Chiachen and Yan Houfu 11. Pondering Over the Incident of Songhua River Pollution from the Perspective of Environmental Law Wang Canfa, Yu Wen-xuan, Li Dan and Li Jun-hong 12. International Legal Aspect of the Songhua River Incident Song Ying PART IV: COMPARATIVE CONCLUSIONS 13. Comparative and Concluding Remarks Michael Faure and Song Ying Index
