Review of regulatory frameworks for contaminated land in China

Zhao, Xiaobo and Zhang, Jianwei (2013) Review of regulatory frameworks for contaminated land in China. Frontiers of Law in China, 8 (1). pp. 69-102. ISSN 1673-3428

Abstract

China is suffering severe soil contamination, but no specific national legislation has been adopted to address this issue. Under the current regulatory framework, there are numerous relevant provisions on contaminated land management. It is recommended that a specific legislation should be promulgated at the national level to improve the current situation. Foreign experiences should be considered in China's specific social environmental context. A proper liability mechanism should be established for a better judicial treatment to contaminated land issues. While a proper contaminated land liability mechanism is being developed, the principles of state liability and retroactive liability, and the principle that polluters pay should be followed. Public participation should be encouraged in contaminated land management.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published Version restricted in accordance with publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 12 Jan 2015 06:55
Last Modified: 10 Nov 2017 04:23
Uncontrolled Keywords: China; land contamination; environmental pollution; land remediation
Fields of Research : 05 Environmental Sciences > 0502 Environmental Science and Management > 050207 Environmental Rehabilitation (excl. Bioremediation)
16 Studies in Human Society > 1605 Policy and Administration > 160507 Environment Policy
18 Law and Legal Studies > 1801 Law > 180111 Environmental and Natural Resources Law
Socio-Economic Objective: D Environment > 96 Environment > 9607 Environmental Policy, Legislation and Standards > 960799 Environmental Policy, Legislation and Standards not elsewhere classified
Identification Number or DOI: 10.3868/s050-002-013-0003-0
URI: http://eprints.usq.edu.au/id/eprint/26514

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