Research On Trans-boundary Environmental Information Disclosure

With the innovation of new technology, technology not only brings plenty ofwealth but environmental problems are increasingly prominent as well. Human isfacing unprecedented environmental crisis. Nowadays the environmental problemscannot simply rely on one country to solve. The world appears to have more and moretrans-boundary environmental problems. Consequently, we need to further strengtheninternational environmental cooperation between countries to manage the globalenvironmental problems.Environmental information disclosure system as the third approach ofenvironment regulation is following the mandatory administrative means andeconomic impact methods. This approach was a breakthrough has been attracted morecountries to pay attention, and plays an indispensible role in the internationalenvironment law. The new environment regulation method was widely used in Europe,the United States and other developed countries’ domestic law, and scored remarkableachievements. In addition,“The Aarhus Convention” is the most comprehensiveinternational treaty which regulates environmental information disclosure. The treatyemphasis public has the right to know environment information in environmentalprotection. The convention has numerous parties to participate, and exert an extensiveand far-reaching influence on the range of International environmental protection. Itlaid the conceptual basis for the development of environmental information disclosuresystem in many countries’ domestic law. Whether or not to become a party to therelevant conventions, countries around the world has increasingly recognize theadvantages of environmental information disclosure to environmental management. Inorder to analyze the current situation later and provide countermeasures the authortakes the United States and Japan as the examples. In the article, first introduce the twocountries’ domestic legislation on environmental information disclosure system, andthen give a simple compared between them. The reasons to select the United States andJapan as a typical examples are as follows: First, the United States as the party of Aarhus convention is one of the most advanced countries which regulate informationdisclosure. The United States not only regulate information disclosure in accordancewith the convention, but also make more rigorous specifications in domestic legislation.Secondly, I select Japan because Japan didn’t become the treaty’s party, however theirdomestic law made relatively perfect, and have a good effects after the implementationof information disclosure system.The author believes to face the trans-boundary environmental problems, the use ofinformation disclosure before environmental accident will largely reduce the cost ofenvironmental problems. The method is a greater way to control and prevent risks. Thesuperiority of trans-boundary environmental information disclosure is mainlymanifested in the following aspects: First of all, for the government to publicenvironmental information before the environmental trouble the method could monitorenterprises which could have environmental risk. After the accident happened inaccordance with the facts government can make better environment decisions.Secondly, it’s beneficial for the enterprise because in order to meet the requirements ofthe environmental information disclosure, enterprises will have more sense of socialresponsibility. Then the corporate will take more attention to the environmental impactof enterprise production. By doing this the corporate would reduce probability ofoccurrence of environmental hazards. Finally, environmental information disclosurefor the public, it is a good way for the people to access authoritative materials in time.Then the approach give public enjoys their own environmental rights to know the realenvironment condition, and have opportunity monitoring of the environmentdecision-making, supervision activities and cooperation with public functions moreeffectively. The public will give the social pressure to firm manage, unless the firmcomplies by the regulation.However, the implementation of trans-boundary environmental informationdisclosure will be faced with many obstacles. These practical challenges will list asfollows. First, for a sovereign country enjoys the highest authority and exclusive rightson their territory. When a country has potential environmental risks in their own territory and may pose a threat to the environment on the other countries or the otherplace around the world. The other countries would have which reasons to apply theinformation disclosure is a problem. Secondly, because the international environmentallaw field nowadays have less rules for trans-boundary environmental informationdisclosure. Without the unified standards to formulate the scope of information and thesubjects of the system, countries would have different standards in practical. Thedeveloped countries will make rules are helpful for their own benefit. In this way, theywill use “technology transfer” to transfer the risk projects to developing countries. Tosolve this problem, the international conventions and declarations should try more hardto make unified rules. Thirdly, despite information disclosure system have manyadvantages such as guarantee public enjoy the right to know the environmentalinformation. However, to face the trans-boundary problem how the different countriesto regulate the unified scope need specific analysis.Facing these current situations the author will be analyzed eventually return toChina. In2007, China had formulated the <Environmental Information DisclosureMeasure (Trial)>. Then government and enterprises all put a high value to openenvironmental information. However, when relate to trans-boundary environmentalproblems we didn’t to have enough attention. This drawback could find aftertrans-boundary environmental accident happened. The writer would not only useinternational law perspective to discuss trans-boundary environmental problems, butalso combined with China’s actual national condition. Consequently, give somesuggestions about how to do better by means of trans-boundary environmentalinformation disclosure. In this way, the author hopes to provide a clue about theenvironmental protection in the future, to make the system be more perfect. Theconcrete countermeasures are as follows: first, the concept of information disclosureshall be widely infiltrated by trans-boundary environmental issues, improve the legalhierarchy. In the first part of the article, the article is focus on unique charactersconcept of trans-boundary environmental problems from two aspects, as well asanalysis the necessity of two ways demonstrate environmental information disclosure system. Secondly, China should have “a big country effect" as some developed country.In specific, try the best to participate in rule-making in international convention, andhelp the developing strive the right in the world, and enforce their own rights andinterests of ecological environment for sustainable development. Third, positive effortsto promote "green organization"(Non-government Organization) auxiliary forceswithin the international community to help the country achieve full supervision,safeguard the environmental rights and interests of countries. Fourth, the domesticlegislation emphasis on trans-boundary environmental information disclosure system,and better use this environmental management means at the legal level, improve theexecutive force of information disclosure. In conclusion the writer hope that throughanalysis our country as an example, give a clue to put value of this problem and givesome suggestions for developing countries realize their environmental rights andinterests of sustainable development.For developing countries, economic development is the main driving force ofsocial development, however, new environmental problems can make a huge effect andmay cause result in irrecoverable. It reminds people should not only focus oneimmediate economic benefit, and ignore the long-term sustainable development path.Today, facing the sharply increase of trans-boundary environmental accidentsfrequency, the developing countries should pay more attention to trans-boundaryenvironmental problems. Although state environmental responsibility in internationallaw could help to limitation of national behaviors, and help public strive for theenvironmental information rights and interests. To be a superior methodtrans-boundary information disclosure system should get more essential status. Thispaper uses the perspective of international law to analysis system and makes somecountermeasures. The writer want give a clue to make our common homeland morebeautiful.