Study On The Environment Legal Problems Of Projects Finance

This essay, on the basis of introducing the environment problems of projects finance, studies on these problems from the view of environmental law. During the project finance, the symbol of successful project finance lies in the reasonable distribution of risks among all the parties, It's carried out by legal methods, whether the prevention and distribution of risks is reasonable or not is directly concerned with the project finance's rises and falls. But there are some blank areas of environmental law system of project finance. The research of these problems is distributed in the essay of environment influence assessment and public participation. This essay will fetch up the blankness of research and provide a positive theory value to form the project finance environmental law system. Therefore in the process of writing, I develop the essay stressing on the clue: environmental risks and the distributed the fault on principle of sharing, and take the perfection of project finance environment legal system as the ideal guidance to spread. The essay adopts the comparison analysis approach and deductive approach to illuminate the following three environment legal system, which concerned the project finance, such as:" environment influence system" "three simultaneity system" "cleaning up responsibility". The essay can be divided into 5 parts. First part is the summary of the legal system on project finance which is the essential part of this essay. It sets out from the concept, characteristic and the resources of project finance; analyses the environmental legal system on project finance in order to grasp the problem method. At the same time, it analyses the main environmental legal system on the basis of the relationship between the project finance and environment law, then in a result studying on the project finance is very important. It lays the foundation for studying on the environmental legal system of project finance. At last, this chapter especially analyses the system from the view of economic science, in order to explain the important role which environmental legal system makes in the project finance from the aspect of cost benefits and welfare economy. The second part is the introduction of international environmental legal system of project finance. This part introduces the environmental legal system on project finance mainly from the view of international law. As it is in the resource of chapter 1,the rules and regulations of each international organization become the important part of this system. International organization, WB as its representative, will take a certain care on the environment problems while carrying out the project finance. On one hand, it shows on the perfection of investment and management of environment, on the other hand, it shows the attentions on the environmental influence of ordinary basic projects or other projects. The environmental law and policies of international organization have the guiding role on the business of project finance, and have corresponding guidance the different country, area, trade, department and groups. The third part is the current situation of environmental legal system on project finance. I introduce the existing environmental law system of project finance in our country first, and then expatiate on the environmental regulations of project construction by use the example of Guangdong Province. The third part of this chapter involved the agreement that China has been signed. The fourth part is the comments on the legal system of project finance. It analyzes the main issues of environmental law system of our country's project finance. First of all is the lack of pertinence of environmental law. Through the environmental law of our country has been form a relatively perfect composition, there are still some limitation on legislation. The regulations are still rest on establish rules or fill up the vacancy of law but lack of pertinence. The regulations of project finance environment protection don't match the correlate system are another limitation. Such as finance law, lack of public proclamation requirement to the equipment of environment protection, which difficult to use the dominance and responsibility of loan organization to intensify the environment requirement. Last is to carry out the regulation. I have paid much attention on this part in order to analyze the issues of project finance environmental protection from legislation to abidance of the law. The fifth part is study on the important issues to perfect the environmental law system of project finance. I put forward some new advices such as legislation guide, corresponding system, clearing obligation and perfect the legislation to fulfill the system from many visual angles. It points out that the environmental issues have the charter of group commonality, while the investment and management of project is the issue of privacy interest and power. This exterior conflict is the difficult and key point of project finance environmental law system. To settle the commonality problems needs not only the public power to establish the forcible and crucial system but also to exert the individual interest sufficiently to insure the carrying out the law system and being abide abroad. In the management of finance project, the finance institution has theobligation to loan the project's environment protection facilities, as well as the project, what's more, regard the environment protection project compliance with the regulations as the precondition that the main project are fully funded, this will be good to the project finance environmental protection.