Research On Legal Issues Of International Pollution Transfer

International pollution transfer is product of economic globalization, which iscaused by the trade and investment activities between developing countries anddeveloped countries. In order to reduce the production cost, transfer the responsibilityof pollution controlling, Developed countries are continuing to export hazardouswastes, pollution equipments and products, high-density polluting enterprises to thedeveloping countries which have a lower standard. Developing countries’ economy isrelatively backward, and their environmental standard is much lower than thedeveloped countries. Eager to improve economic, developing countries generally takethe development road of firstly pollute and then to manage. This will give thedeveloped countries an opportunity to transfer pollution.In the early stages of International pollution transfer, humans did not realize theseriousness of this threat. Developed countries exported products and technology inthe frequent trade activities, it’s not only reduces the production cost, and expand themarket; Developing countries speeded up their own economic development throughthe introduction of foreign capital and technology. To a certain extent, it seemed torealize the optimal allocation of resources, mutual benefit and win-win, but in fact is awanton infringement of the ecological environment to the developing countries.Developed countries wantonly input pollutants, contaminating products andequipment, as well as polluting industries to the developing countries, making theresources and the environment in developing countries suffered unprecedented severechallenges.Being a member of developing country, Chinese economic developed rapidly,especially after joining the WTO. In order to pursuit a rapidly development ofeconomy, our country ignored the importance of environmental protection. Thebehavior of transferring pollution from developed countries to China is more andmore serious, which causes a serious damage to the environment, wastes a large number of natural resources, lets the local people’s life and health under threat. Moreimportant is it weakened the China’s economic development potential. Therefore, tohave a correct understanding of international pollution transfer is important to solveenvironmental problems to China.There are three chapters to explore the problem of international pollutiontransfer.The first chapter summarizes the concepts and causes of international pollutiontransfer. International pollution transfer means the pollution caused by one country isnot fundamentally eliminate, but be transferred to another country, it is a socialbehavior of spreading the pollution to other countries to form a new pollutionhazards, which causes pollution consequences and the transfer of responsibility underpeople’s control. Four elements are discussed through the analysis, they are mainelements, the subjective elements, the object elements and objective elements.At the same time, to understand what the nature of the international pollutiontransfer is. The nature is the developed countries using the advantage of political andeconomy to violate the developing countries environment rights.The second chapter focuses on analysis of the three main forms of internationalpollution transfer, that is export hazardous wastes，Pollution equipments and products,high-density polluting enterprise. Then briefly analyzes three kinds of liability formof the international pollution transfer.The third Chapter introduces the international legislation about controllinginternational pollution transfer. Environmental issue is not only a problem to a certainregion, but a common commitment to the whole world. Through a detail introductionof international legislation, Such as:"Basel Convention",“Protection of the OzoneLayer Vienna Convention” and” Montreal Protocol on Substances that Deplete theOzone Layer”,"United Nations Climate Change Framework Convention”,“the KyotoProtocol" and "Copenhagen Agreement", China’s environmental legislation are drawout. By commenting on China’s environmental legislation, this chapter summarizestwo defects and insufficient. The relevant legal system is not uniform, environmentalstandards system is imperfect. Finally by Carefully analysis of these two aspects ofdefects, relevant Suggestions are given to improve China’s legal system on controlling of international pollution transfer.In short, International pollution transfer causes serious challenges to china’senvironment, and at the same time it seriously affects our country’s sustainabledevelopment strategy. Facing the challenge of pollution transfer, we must strengthenthe environmental protection awareness, and perfect the relevant laws and regulations.To let the main part that transfers pollution subject corresponding responsibility caneffectively curb the serious adverse impact, safeguard the victims’ interests more fair,and actively protect international environmental safety. The author sincerely hope thatthrough the writing of the text, modest force can be make to eliminate theinternational pollution transfer in the development process of China’s foreign trade.