A Study of China's Tort Liability Law on Environmental Pollutions: with reference to the development of the United Nations Framework Convention on Climate Change

• Main Authors: Hsueh-Chin Wang, 王學璟
• Other Authors: 黃陽壽
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/55749644106881734194

碩士 === 東吳大學 === 法律學系 === 99 === The effect of global warming and climate change is unavoidable. It has made significant impacts on our everyday life and brought natural, ecological disasters, and extreme weather conditions to the planet. According to the 2008 report published by the International Energy Agency, the global carbon dioxide (CO2) emission is predicted to rise by more than 57% by the year 2030. The US, China, Russia and India will make up to two third of the world’s increasing emissions. As in 2007, China has already overtaken the US as the world’s biggest CO2 emitter. Its average citizen’s carbon emissions per capita (person) will soon match up to that of a European person. In response to the pressing issues, the government of the People’s Republic of China (here-in-after referred to as PRC) has recognised the importance of environmental protection and demonstrated continuously their efforts in legislating the nation’s laws and regulations. Yet, the establishment of the Tort Liability Law for Environmental Pollution still demands further development. With China’s first Tort Liability Law (here-in-after referred to as Tort Liability Law ) made effective on 1st July 2010, a special chapter has been dedicated to the establishment of liability for environmental pollution. This shows the PRC authority’s profound shift in recognising its importance. This dissertation therefore aims to discuss the application and the future of China’s Tort Liability Law for environmental protection, and furthermore provide constructive recommendations.