Environmental liability

Zhao, Xiaobo and Zhang, Jianwei (2015) Environmental liability. In: Research handbook on Chinese environmental law. Research Handbooks in Environmental Law. Edward Elgar Publishing Limited, United Kingdom, p. 320. ISBN 9780857931412

Abstract

Matters involving environmental liability have been widely recognized in many discussions on environmental issues. However, there is much confusion about the term ‘environmental liabilities’. According to China’s
legal theory, legal liability is primarily defined as one kind of obligation, the implementation of which is guaranteed by the compulsion of law. In the environmental law context, ‘environmental liability’ refers to obligations based on the principle that a polluting party should pay for either part or the entire damage caused by its activities. Clearly, ‘environmental liability’ is an umbrella term, it includes three types of environmental liabilities: the civil liability, administrative liability and criminal liability. The violators may potentially face fines, penalties, and jail terms for violations of environmental statutes. In this chapter, these types of liabilities will be briefly defined, and the characters of each form of liability will be studied in both theoretical and practical dimensions.


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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: Chapter 15. Permanent restricted access to Published Version due to publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 28 Jun 2016 23:26
Last Modified: 21 Aug 2017 02:20
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180111 Environmental and Natural Resources Law
URI: http://eprints.usq.edu.au/id/eprint/29041

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