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Research on Legal System of Water Project Environmental Impact Assessment

Author: LiBin
Tutor: TianQiYun
School: Ocean University of China
Course: International Law
Keywords: Water Projects Environmental lmpact Assessment Law System Research
CLC: F426.91
Type: Master's thesis
Year: 2010
Downloads: 298
Quote: 1
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Abstract


In recent years, environment problems resulting from water projects have been drawing more and more attention. The study shows that mankind’s activities on water resources are not always favorable to our environment. The construction of water projects could bring some or complete change to the resources, oragnism and surroundings in the whole river basins, which definitely leads to some influence. Nowadays more and more worries about water projects become the truth, even cause disasters to our environment.In view of above, more attention has been fixed on the environmental impact assessment(EIA) of water projects. International committee on large dams focuses its theme on environmental impact in series, the same time environmental protection departments and ecologists in many countries are also aware of environment problems caused by construction of water projects. In our country, the legal system of EIA has been established already, however, as the water projects have made great contributions to our economic development, we failed to stictly abide by such laws, moreover the lack of sensible recognization for the importance of environment, the local governments often prefer the huge profits brought by projects or their achievements to sticking to such kind of laws. Moreover our legislation on water project EIA is relatively loose, and lack of special laws for that as well as effective monitoring system make it difficult to put laws into practice,let alone its binding effects.In this thesis,the author refers to basic definitions about water project and EIA, then introduces several typical environment problems caused by water projects home and abraod as well as the current research on those problems, at last he concludes that we must realize the importance of EIA law system in the construction of water projects, and should not develop economy by constructing water projects at price of our environment.As far as law systems of EIA abroad concerned, they are more complete and sicentific in law system itself and corresponding security system, and the public also gives wide concern on it. By comparing the law system with others, the author finds that we are far to keeping up with others in both the legislation and implemention of such kind of laws that are necessary in improving our environment quality.When study EIA system, we should fix our attention on each stage in the construction of water projects rather than EIA only before the construction of those projects. In view of its profound influence to our environment, we ought to treat EIA of water projects with the strategy of sustainable development. Because of above, some scholars put forward to strategetic EIA system, EIA with posterior evaluation and follow- up evaluation, thus put EIA law system into the whole process of constructions. Therefore, as its theoretical research on EIA law system coming into maturity, it is an inevitable trend to carry out EIA throughout the whole of water project construction.As we have known that the legislation on water project EIA is inexorable, we should first make clear how all the parties involved in the whole process bear their legal responsibilities, and then regulate them by legislation to form a responsibility system for environmental protection, all of which lay the foundation for law system of water project EIA. Starting with every civil’s environmental rights and liabilities as well as their enthusiasm to build public participating mechnism, setting up a law suit system of environment public interest litigation and judicial review system, we should try our best to realize the sustainable development in economy, society and environment of water projects.

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