LEADER 06156nam 22008055 450 001 9910734850203321 005 20230624192354.0 010 $a3-031-26526-2 024 7 $a10.1007/978-3-031-26526-6 035 $a(MiAaPQ)EBC30606203 035 $a(Au-PeEL)EBL30606203 035 $a(DE-He213)978-3-031-26526-6 035 $a(PPN)272270687 035 $a(CKB)27195825300041 035 $a(EXLCZ)9927195825300041 100 $a20230624d2023 u| 0 101 0 $aeng 135 $aurcnu|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aEnvironmental Public Interest Litigation in China /$fedited by Xi Wang, Xiaobo Zhao, Noeleen McNamara 205 $a1st ed. 2023. 210 1$aCham :$cSpringer International Publishing :$cImprint: Springer,$d2023. 215 $a1 online resource (404 pages) 311 08$aPrint version: Wang, Xi Environmental Public Interest Litigation in China Cham : Springer International Publishing AG,c2023 9783031265259 327 $aPart I EPIL in China: Historical Development and Theoretical Foundations -- Environmental Public Interest Litigation in China - An Overview -- Historical Development of Environmental Public Interest Litigation (EPIL) in China -- Defining Public Interest under the Environmental Public Interest Litigation System -- From Compensation to Prevention: Expanding the Function of EPIL in China -- The Standing to Sue of NGOs in Environmental Public Interest Litigation in China: A Doctrinal Analysis of Laws and Cases -- Environmental Public Interest Litigation and the Application of Civil Code -- Part II Substantive and Procedural Issues about EPIL In China -- Procuratorates at the Crossroad: Performance, Controversies and Prospects of Procuratorial EPIL in China -- Litigation for Ecological and Environmental Damage Compensation in China: EPIL with Typical Chinese Characteristics -- The Role of NGOs in China?s Environmental Public Interest Litigation -- Regulating through Litigation: Regulatory Functions of NGO-Led Civil Environmental Public Interest Litigation in China -- From Advocators to Rule Makers: Exploring the Role of Chinese Lawyers in Environmental Law Making and Public Interest Litigation -- Three-dimensional Model of Expertise-input for EPIL in China -- Judicial Application of Ecological Remediation Liability in EPIL: A Commentary to the Guiding Cases, Gazettes Cases and Model Cases of the SPC in China -- Looking Backwards, Looking Forwards: Environmental Public Interest Litigation in Soil Pollution Law -- Part III Reform the EPIL System in China: Problems and Solutions -- The Erroneous Setting of the Essential Attribute of Environmental Public Interest Liability in China -- From the Ternary Model to the Binary Model - On the Reconstruction of Litigation Systems for Environmental Public Interest -- Drawbacks in the System Design of the Environmental Public Interest Litigation and Ways for Improvement. 330 $aThis book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time, it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China. 606 $aEnvironmental law, International 606 $aEnvironmental Law 606 $aPrivate international law 606 $aConflict of laws 606 $aInternational law 606 $aComparative law 606 $aHuman rights 606 $aEnvironmental policy 606 $aEnvironmental management 606 $aInternational Environmental Law 606 $aEnvironmental Law 606 $aPrivate International Law, International and Foreign Law, Comparative Law 606 $aHuman Rights 606 $aEnvironmental Policy 606 $aEnvironmental Management 615 0$aEnvironmental law, International. 615 0$aEnvironmental Law. 615 0$aPrivate international law. 615 0$aConflict of laws. 615 0$aInternational law. 615 0$aComparative law. 615 0$aHuman rights. 615 0$aEnvironmental policy. 615 0$aEnvironmental management. 615 14$aInternational Environmental Law. 615 24$aEnvironmental Law. 615 24$aPrivate International Law, International and Foreign Law, Comparative Law. 615 24$aHuman Rights. 615 24$aEnvironmental Policy. 615 24$aEnvironmental Management. 676 $a344.51046 676 $a344.51046 700 $aWang$b Xi$01372991 701 $aZhao$b Xiaobo$0787499 701 $aMcNamara$b Noeleen$01372992 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910734850203321 996 $aEnvironmental Public Interest Litigation in China$93403894 997 $aUNINA