A STUDYING ON ENVIRONMENTAL PROTECTION MEASURES--TAKE KYOTO PROTOCAL AS DOMESTICAL LAW FOR EXAMPLE

• Main Authors: WEN-HSIANG KUNG, 宮文祥
• Other Authors: CHUN-SHENG CHEN
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/46360553037274595136

碩士 === 國立臺北大學 === 法學系 === 93 === The features of environmental problem are international, emergent, uncertain and unrecoverable. When we want to deal with these modern environmental problems, traditional concept and measure of administrative law seem unsuitable. This is one of reasons why people would like to reform traditional administrative law. Under rule of law, how to make administration more vivid and efficient and prevent people from injuring are very important questions in front us we should figure them out. The thought of reforming traditional administrative law is also interacting with theories of the separation of powers and democracy. Besides, one of the reasons why country be established is to protect peoples’ fundamental right, so, according to constitutional law, protecting environment for our living is also government’s obligation. This dissertation concentrates on studying environmental protective measures by comparing U.S.A. legal system from its constitutional law to the Clean Air Action and Clear Skies Action with Taiwan’s laws and referring to international environmental law to try to establish a whole and complete from local to global environmental law system. Besides first chapter one, this dissertation starts from introducing international environmental law in chapter two. It includes introducing features of environmental problem, discussing efficacy of international environmental law containing some principles to domestic laws and then acquainting with UNFCCC and KYOTO PROTOCAL and talking about what kind of response we should have to them. In third chapter, taking U.S.A. legal system as comparative law to our laws, I want to introduce American constitutional law, APA, CAA, Citizen Suit, and some precedents that set standards on reviewing agency’s discretion and on deciding scope of standing on citizen suit. Besides, in environmental protective measures that contain command-and –control and economic incentive system（EIS）, I would like to focus on EIS to bring some new（not really new）thought to traditional administrative law. In end of this chapter, using Clear Skies Act as a example, I try to see response of U.S.A. to international obligation, especially under UNFCCC and KYOTO PROTOCAL. To our domestic law system, in chapter four I am talking over government responsibility to environmental protection under constitution law first and trying to set forth the environmental fundamental right. In fifth chapter, I want to discuss our environmental administrative law system, including Air Pollution Control Act, protective measures, also containing command-and –control and economic incentive system, and discussions of inherent power of administrative agency and self-restraint of judicial review on agency’s discretion. In final part of this chapter, referring to U.S.A. citizen suit（citizen enforcement）, I think our standard of standing for citizen suit should be rethought. Referring to KYOTO PROTOCAL and American Law as comparative law, in this dissertation I would like to try to establish a framework： For government, regulatory measures should be more diverse and flexible. For industries, using EIS can ensure that environmental law will be in compliance with and economic development will be achieved. For citizen, using citizen suit as one measure of whole environmental protection system will make the system more complete.