Environmental public interest litigation in China / Xi Wang, Xiaobo Zhao, Noeleen McNamara, editors.
Wang, Xi (Law professor), editor.; Zhao, Xiaobo, editor.; McNamara, Noeleen, editor.
2023
KNQ3127
Available Online

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Title Environmental public interest litigation in China / Xi Wang, Xiaobo Zhao, Noeleen McNamara, editors.
ISBN 9783031265266 (electronic bk.)
3031265262 (electronic bk.)
3031265254
9783031265259
DOI https://doi.org/10.1007/978-3-031-26526-6
Published Cham, Switzerland : Springer, 2023.
Language English
Description 1 online resource (402 pages) : illustrations (black and white, and color).
Item Number 10.1007/978-3-031-26526-6 doi
Call Number KNQ3127
Dewey Decimal Classification 344.5104/6
Summary This book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time, it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China.
Note Includes index.
Access Note Access limited to authorized users.
Source of Description Description based on print version record.
Added Author Wang, Xi (Law professor), editor.
Zhao, Xiaobo, editor.
McNamara, Noeleen, editor.
Available in Other Form ENVIRONMENTAL PUBLIC INTEREST LITIGATION IN CHINA.
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Record Appears in Online Resources > Ebooks
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Part I EPIL in China: Historical Development and Theoretical Foundations
Environmental Public Interest Litigation in China - An Overview
Historical Development of Environmental Public Interest Litigation (EPIL) in China
Defining Public Interest under the Environmental Public Interest Litigation System
From Compensation to Prevention: Expanding the Function of EPIL in China
The Standing to Sue of NGOs in Environmental Public Interest Litigation in China: A Doctrinal Analysis of Laws and Cases
Environmental Public Interest Litigation and the Application of Civil Code
Part II Substantive and Procedural Issues about EPIL In China
Procuratorates at the Crossroad: Performance, Controversies and Prospects of Procuratorial EPIL in China
Litigation for Ecological and Environmental Damage Compensation in China: EPIL with Typical Chinese Characteristics
The Role of NGOs in Chinas Environmental Public Interest Litigation
Regulating through Litigation: Regulatory Functions of NGO-Led Civil Environmental Public Interest Litigation in China
From Advocators to Rule Makers: Exploring the Role of Chinese Lawyers in Environmental Law Making and Public Interest Litigation
Three-dimensional Model of Expertise-input for EPIL in China
Judicial Application of Ecological Remediation Liability in EPIL: A Commentary to the Guiding Cases, Gazettes Cases and Model Cases of the SPC in China
Looking Backwards, Looking Forwards: Environmental Public Interest Litigation in Soil Pollution Law
Part III Reform the EPIL System in China: Problems and Solutions
The Erroneous Setting of the Essential Attribute of Environmental Public Interest Liability in China
From the Ternary Model to the Binary Model - On the Reconstruction of Litigation Systems for Environmental Public Interest
Drawbacks in the System Design of the Environmental Public Interest Litigation and Ways for Improvement.

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