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System of voluntary environmental agreements

Author: LiCheng
Tutor: QuYang
School: East China University of Political Science
Course: Environment and Resources Protection Law
Keywords: Voluntary Environmental Agreements Environmental Control Administrative contract Control
CLC: D922.68
Type: Master's thesis
Year: 2011
Downloads: 104
Quote: 0
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Abstract

Environmental regulation as a means of voluntary environmental agreements since the 20th century, 60 generations in almost all developed countries, has been applied, and finally in the early 21st century was introduced in China, one after another around the pilot. This article is from a legal perspective on voluntary environmental agreements specialized exposition aims to clarify the legal concept of the kind of agreement to build its legitimacy based on our interpretation of the applicable agreement tool is reasonable, and to the future in our country to carry out a universal agreement institutional design practice. In this paper, the structure composed by the four chapters on these issues in order to discuss. In the first chapter, I will define as voluntary environmental agreements: the executive and the business or industry in the meaning of that concluded on a consistent basis, higher than the statutory standard for clear or not yet legislated environmental goals, and the formation designed to achieve rights and obligations of those goals a contractual arrangement. Protocols are divided into public voluntary programs, negotiated agreements and unilateral commitment type three types. In view of the agreement between the government and business relationship between administrative law, public and private sector performance are not only the performance of public environmental policy implementation, the agreement also includes a civil contract law provisions different from the special rules, and thus should be included in the scope of the administrative contract , subject to adjustments applicable law and norms. Chapter II pointed out that if the executive wants to promote the use of voluntary environmental agreements, business or industry to achieve strict legislative controls required environmental performance goals, you must have the agreement of the legality and legitimacy of the agreement the dual elements: Protocol way to obtain legality reason lies simply stick strictly comply with the existing legislation is not sufficient to solve the \; The agreement to acquire legitimacy foundation lies in the principle of primacy abide by the law, not violate public order and morals, and the parties based on the subject's true intention. The third chapter describes the elements of a unified laws and regulations applicable to the reason can not meet the practical needs of environmental regulation, the fundamental reason is \industry or business tailored to the different circumstances of the appropriate environmental policies, which in the mining and use of environmental resources dispersed in the potential of all walks of life has inherent advantages. To this end, the agreement with the social environment to enhance performance, reduce administrative costs, alternative legislative control function, it is very necessary to the practice of environmental governance to be fully realized. Chapter IV depicts the large-scale application in our voluntary environmental agreements specific system design blueprints. This agreement determines the public interest inherent in the formation of the desired power (Lee) system to a certain extent to the administrative body tilt, relative to the powers of the executive the right business or industry reflects the interests of its advantages. Therefore, the legal status of substantially unequal agreement between the parties, it is necessary to play a consultation, public participation and information disclosure role of these administrative procedures to limit arbitrary and improper collusion. In addition, as with the protocol matching system resources, state and local environmental policy objectives reference system, third-party certification organization repository and dispute resolution dual-track protocol for maintaining a good run equally indispensable.

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