William and Mary Law School

 

 

On the Legislation of Environmental Rights: Relationship Between Environmental Rights and Property Rights

 

ZHOU KE & XU YA

 

At present, environmental legislation and jurisdiction, as well as the difficulties inherent in protecting the environment, all call for the legal confirmation of environmental rights. However, due to the uncertainty, multi-properties, and antagonism related to environmental rights, future legislation faces a bottleneck. One effective path to solve all aforementioned problems is to make the ownership of environment distinct through a reference to the bundle of rights theory of property, as well as through an imitation of the rights of condominium owners.

 

On March 10th, 2011, the chairman of National People’s Congress (“NPC”) Standing Committee, Wu Bangguo, declared in the second plenary meeting of the eleventh NPC’s fourth meeting that the socialist law system with Chinese characters had been established. Seven sections compose this law system, to the exclusion of the environmental law. Consequently, how environmental law is to develop in the future has been a hot topic for the academic discussions.

 

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1 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 439 (2012)