On Prior Informed Consent System

The main cause of modern environmental problems lie in thecontradiction appeared in the completion of global modernization, inwhich the endless demand of world resources is hammered by its limitedstorage. Due to the social characteristic of environmental resources, itis of no means for them to comply with the thoughts of private law featuredby the mode of individual right, and execution of individual standard.Meanwhile, its physic property can not meet the basic need required byreal right system either. Therefore, environment resources can not beincluded into the filed of rectifying to private law. In fact, theinsufficient regulations in private law encourage social individuals'limitless demand of their interests, which finally lead to the "tragedyof public lands" under the order less competition and expansion.In order to harmonize the social individual conflict in interestsbased on environment resources and the social pubic loss, it is necessaryfor government to effectively organize and control the allocation andutilization on the behalf of pubic interest. And have to alleviate thesocial and individual interest conflict led by the realization of socialpublic interest. In this way, there emerges the legal mode of protectingenvironment resources centered on Public Law. In addition, the globalprotection of environment resources are greatly challenged and damagedby dangerous wastes, chemicals and pesticides, by those living creaturestransferred by bio-technology, as well as those activities oftransferring the creations through utilization, managing, transporting,disposition and cross-boundary transfer. Therefore, it has growinglybecome a common concern faced by all governments on how to effectivelyuse and control them in their greatest advantages. In this situation, thePIC system is established with its typical characteristics ininternational environment field as a public law.However, due to the scholars in and abroad are limited in their own research fields, they usually make the description to the PIC system onlyfrom some one professional prospective. For instance, it is can only bediscussed with references of the law of waste control in the field of wastecontrol, or be explored only in Law of Creature Security Protection inits own field. There is a blank to its comprehensive description.Therefore, the author hopes to make a general and full-scale discussionto it.The Chapter one, which is divided into three parts, is the generaldescription to the PIC system. Firstly, we make the categorization to thePIC system. After the comparison of several international contracts, weconclude that the PIC system means the responsibility of informing othernations enjoying environmental sovereignty and its principal departmentsbefore they are engaged in legal activities related to the three fieldsof international environment law.The Chapter two makes the legal analysis to the PIC system on thetheoretical level. This chapter is mainly divided into two parts. Firstly,we discuss the theoretical base to the PIC system, i.e. the principle ofPIC system, the principle of national environmental sovereignty andresponsibility of not harming foreign environment, the cooperativeprinciple of international environment, as well as the preventativeprinciple. Secondly, we discuss the pursuit of value in PIC system, i.e.the implemental value, environment justice and security. Both of them arelaying the legal basis for analysis of concrete example of PIC system inthe next two chapters.The Chapter three is mainly the description to the PIC systemconcluded and approved in international contracts under the internationalenvironmental law. The system can be divided into PIC system employed inLaw of Waste Control, the PIC system employed in the Law of ChemicalPesticide Control, and the PIC system employed in the Law of creature security and inherent resources protection. Meanwhile, the juristicrelations of the PIC system in the three fields are also reached acomprehensive summary, providing the consideration to the legaldomestication of PIC system in the three fields mentioned in the nextChapter.The Chapter Four is to comment on the legal domestication of PIC systemunder the fame of international law. It is also analyzed mainly in threeareas: they are the PIC system employed in Law of Waste Control, the PICsystem employed in the Law of Chemical Pesticide Control, and the PICsystem employed in the Law of creature security and inherent resourcesprotection. Aiming to the employment of PIC system in each differentaspect, it gives a comprehensive summary to our status-quo of lawrespectively. And some tentative thoughts to the legal domestication ofPIC system are raised based on this.The main method employed in this thesis is comparative law,accompanied by the prospect of Legal Socialism, and Legal History. At thesame time, research is made to PIC system on two levels which are theanalysis of concrete examples and the theoretical analysis.There are new developments in this thesis: first is to provide acomprehensive description to PIC system for the first time; and as forthe juristic relation in PIC system used in international contract, thisessay reaches a full-scale summary which accounts; and discuss the basicprinciple and value in the PIC system; and legislate about PIC system inour national law from international law.