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Intergenerational Environmental Rights

Posted on:2011-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2166330338979569Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The environmental problems become more and more serious, under this background people have to pay more attention to the future. The adjustment framework of the interests relationship also extends from the contemporary to the future generations. The intergenerational justice issues with environmental problems as the main carrier become increasingly prominent. The realization of the intergenerational environmental right which has the intergenerational justice as the core content is concerned with the realization of the environmental right of future generations. It is also the important guarantee concerned with the realization of the sustainable development strategy. Therefore it has the extremely vital significance.In this paper, the author expounds the theoretical basis and the legal attribute of the intergenerational environmental right from the perspective of the principle of the intergenerational fairness. The author also analyzes the legalization obstacles of the intergenerational environment legal relationship construction and proposes four solutions to solve the legalization of the intergenerational environmental right. The first is to establish sustainable development values .The second is to found the system of the representative or guardian .The third is to set up the compensation system of the environment resources. The fourth is to build the legal system of the clear property right .there is some certain reference value to realize the intergenerational environment right.Because of our environmental right legislation vacancy the author try to build China's legal system of the intergenerational environmental right basing on the current mode of the foreign environment right legal protection, combining theory with practice, seeking the corresponding solutions.
Keywords/Search Tags:Intergenerational Environmental Rights, Inter-Generational Equity, Legalization, Legal Protection Mode
PDF Full Text Request
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