Challenges and Countermeasures for Integrating the Protection of Environmental Rights into Actions for Addressing Climate Change

Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with climate change,the right to climate stability that mainly pursues a“harmless”environment and the right to a more livable climate that pursues a“beautiful eco-environment”are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giving full play to the role of courts in responding to climate change through moderate judicial activism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforementioned difficulties.

Relativity of Environmental Rights:On Justification of Purposive Environmental Rights

Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlightening significance in the context of“existing problems in the absence of a system.”However,absolute environmental rights only consider environmental protection while excluding social and economic interests,and therefore cannot be exercised in legal practice.Legal practice now recognizes relative environmental rights that coordinate environmental protection and social and economic development.Given the ambiguous content of environmental rights,it is inappropriate to use external restrictions,and only internal restrictions can be applied.The content of environmental rights should be changed to take into account social and economic factors,and the inevitable result of the change is the shift from absolute environmental rights to relative environmental rights.The legislative purpose of environmental laws in various countries is the dualism of purpose that coordinates environmental protection with social and economic development.The dualism of purpose dovetails with relative environmental rights,and environmental rights should be positioned as purposive environmental rights in environmental law.

Constitutional Environmental Rights: An Investigation and Analysis Based on Constitutional Texts of All Countries

Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.

Relations between Environmental Right for Citizens and the Right to Use Environmental Resources owned by Company and Enterprise

From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.

Conflict and Balance Between the Right to Development and Environmental Rights:China's Practice

The right to development,the realization of which is subject to environmental rights,is an inalienable human right The principle of sustainable development is based on the right to development but is a development path designed to protect the environment The fact that environmental rights are not expressly stipulated in international human rights law does not deny its attribute as a human right Therefore,environmental rights and the right to development are equally important,conducive to the realization of human sustainable development through the protection of environmental rights In order to solve the contradiction between economic development and environmental protection in China,it is necessary to earnestly implement the Scientific Outlook on Development under strict judicial control in accordance with the law and to fully protect the public's rights to know concerning environmental information,and encouraging the public's participation in environmental decision-making

The Environmental Human Rights under the Perspective of Basic Rights--An Analysis of the dilemma Facing the legalization of environmental Rights

Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.

The Shaping of Environmental Rights Oriented Toward the “Needs for a Better Life”

With the continuous improvement in the protection of environmental rights in China,the demand for a“more beautiful environment”in the“needs for a better life”should serve as the basis for the formation of environmental rights.Environmental rights oriented toward the“needs for a better life”reflect the legal response to ensure that the environment meets people’s spiritual needs to a certain extent after the environment meets their health needs.Based on the provisions of the general personality rights in China’s Civil Code and related judicial practice,a legal normative interpretation of environmental rights oriented toward the“needs for a better life”can be established.At the theoretical level,the boundary of environmental rights should be determined by taking the obligation to tolerate as the bottom line.In the identification and protection of environmental rights in relevant judicial practices,factors such as the protection of reasonable expectations and the inertia of people’s perceptions of the environment should be fully considered with judicial discretion to render the positioning of judicial protection reasonable based on taking the obligation to tolerate as the bottom line.

Promoting the Common Development of Education and Protection of Environmental Rights

Environmental fights are im- portant fights that have been written into fundamental hu- man rights since the 1970s. With economic globalization and sci- entific and technological progress, it is more and more important to educate and protect environmental rights world- wide. As a large developing country, China has significant responsibilities in the field of global environmental safety. However, the awareness and status of environmental rights protection are still not suited to people＇s demands for environmental rights, making it an important task to carry out scientific planning and environmental rights edu- cation and improve citizens＇ enjoyment of environmental rights. We propose to start from defining the constitutional status of environmental rights and pro- mote the education and protection of environmental rights at the same time, so as to enhance mutual influence and contribute to creating a good environ- ment for mankind.

The Impact of Central Environmental Inspections on the Perception of Respect for Human Rights and Its Empirical Analysis

To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on the perception of respect for human rights can contribute to a more comprehensive understanding of the practical achievements of the hu man rights cause.Public environmental rights,as a new type of human rights,have become an important aspect of the development of the human rights cause in the new era.The central envi ronmental inspection,as an authoritative and interventionist vertical governance mechanism,promotes the implementation of environmental policies by local Party committees and govern ments and strengthens environmental information disclosure and public participation in environ mental matters.As a result,it contributes to the realization of public environmental rights and stimulates public perception of respect for human rights.Among them,the“look-back inspec tion is an important component of the central environmental inspection,and its implemen tation consolidates and enhances the previous inspection work.An empirical analysis based on the World Values Survey’s data for China indicates that residents in the provinces that have underg one“look-back inspections are more inclined to believe that human rights are adequately re spected compared to residents in the provinces that have not underwent such inspections.It suggests that the advancement and improvement of the central environmental inspection system promote improvements in ecological environment quality and contribute to enhancing the public percep tion of respect for human rights.

On the Expansion and Realization of the Right to Environmental Information in Environmental Protection Supervision

As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.

Addressing Japan’s disposal of nuclear-contaminated water from the perspective of international human rights law

The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually entering the human body via the food chain.This poses a substantial risk of irreversible damage to both the ecosystem and human health,a situation that will worsen with the ongoing discharge of such water.The respect and protection of human rights represent an international consensus,and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law.Since the Fukushima nuclear disaster,Japan has continuously violated its international legal obligations to protect human rights in several areas,including the resettlement of disaster victims,the reduction of nuclear radiation levels,and the handling of contaminated water.Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide,including environmental rights,the right to life,development rights,and food rights.In the aftermath of the Fukushima meltdown,the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels,endangering their rights to life,development,and health.Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation.The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large.The principle of human rights underpins the theory of a community with a shared future for humanity,and human rights are a crucial area of China’s active participation in United Nations affairs and global governance.By voicing concerns over Japan’s potential human rights violations globally,China demonstrates its role as a responsible major country.In response to Japan’s breach of legal obligations and human rights violations,China can adopt a reasoned and beneficial approach,including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment.Furthermore,China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability,utilizing the mechanisms of international human rights organizations to make its voice heard.

DEVELOPMENT OF ENVIRONMENTAL RIGHTS IN CHINA： SUBSTANTIVE ENVIRONMENTAL RIGHTS OR PROCEDURAL ENVIRONMENTAL RIGHTS

The relationship between environmental and human rights is very significant. On this basis, humans shall have the right to claim to live in a healthy environment. In China, the study of environmental rights began in the 1980＇s. After more than thirty years of discussions on environmental rights, there are a series of environmental rights theories in China. However, scholars have not formed a consensus on some fundamental theories of environmental rights. Moreover, some experts consider that environmental rights include substantive environmental rights and procedural environmental rights, whereas others argue that environmental rights only include substantive environmental rights. Furthermore, the nexus and difference between the right to environment and environmental rights are not clear. ＂Environmental rights＂ are treated as a broad concept, its scope includes all rights which are related to the environment. They certainly do not only include substantive, but also procedural environmental rights. Even though the introduction of substantive environmental rights has faced both legislative and practical difficulties, the topic has become a central issue in Chinese academic research.

Human Rights Connotations and Its Legal Protection in the Harmonious Coexistence between Humans and Nature

Promoting the unity of human nature and sociality in practice is a fundamental path dependence for achieving people's well-rounded development.Within the context of harmonious coexistence between humans and nature,the practice of the unity of human nature and sociality is allowed to be truly implemented,and people's well-rounded development moves from possibility to reality.Strengthening the protection of human rights for people's well-rounded development in the harmonious coexistence between humans and nature not only requires the expansion of the connotations of environmental rights from“the right to a healthy environment”to“the right to a beautiful environment”,but also necessitates the formation of a collaborative framework between environmental rights and development rights.For legal responses to the expansion of the connotations of environmental rights,it is necessary to implement such expansions in environmental legislation,enhance the underlying principles,and make progress in the development of systematic environmental legislation simultaneously.Regarding the legal promotion of the synergy between environmental rights and development rights,it is essential to follow the guidance of the“Two Mountains Theory,”take the coordinated functions of environmental and traditional legal departments as the basis,and build a legal mechanism for the realization of the value of ecological products and services.

Build Asian Consensus on Human Rights,Promote-Overview of Academic Viewpoints at the Asian Forum on Human Rights 2022

The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum was hosted by RUC and jointly organized by the RUC Law School,RUC School of Global Governance,Human Rights Center of RUC,RUC Asia-Pacific Institute of Law,and RUC Center for Coordination and Innovation of Food Safety Governance.The forum focused on discussing topics related to climate change and the environment and responded to common concerns of the international community.It built an international exchange platform to facilitate Asian scholars to build consensus on human rights.Covering a wide range of topics,the event promoted academic exchange in various fields.Experts and scholars from both home and abroad built an extensive consensus on topics such as climate change,environmental conservation,and human rights protection through open exchanges and in-depth discussions,contributing their ideas and wisdom to improving the common well-being of Asian people.

Unit Environmental Property Rights: Efficiency, Responsibility and System

The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.

Third-Generation Human Rights＂ A Tragic Illusion

This paper deals with the applicability of human rights in general and of third-generation human right in particular. It offers an explanation of the pathetic status of human rights and suggests an alternative approach towards ＂third-generation＂ human rights, i.e., the rights of communities. It argues that since an immanent dichotomy exists between the political aspect of human rights--the fact that their addressee is the state government--and their universal aspect, i.e., the fact that they belong to everyone and their fulfillment is demanded by international bodies, very often their possessors cannot capitalize them. Third-generation human rights encounter additional problems. Very often their respondent--the state government----cannot comply with their demands, and according to the Kantian principle ＂Ought Implies Can,＂ they should be addressed towards someone who can in fact fulfill them. This article thus suggests addressing third-generation human rights towards the international community. This may exclude them from the current category of human rights, and create the need to establish a new category such as Community Rights. Such classification may bear the advantage of making these rights more applicable and accessible than they are at present.

The Idea of“Codification”of Human Rights to Environment

As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a key task to meet people's growing demand for a better life.The international community has reached a consensus on the human rights attribute of environmental rights,and China has also recognized it in its National Human Rights Action Plan of China(2021-2025).Early claims for environmental human rights gave birth to modern environmental law at the international level,while the global consensus on sustainable development promoted the new development of environmental human rights.In China,the construction of a"beautiful China"has become the national goal confirmed by the Constitution.The confirmation of environmental rights in the planned environmental code can further clarify the connotation of the value system of the code and help clarify the institutional structure and attribution logic of the code.Based on the subjective right and objective value of environmental rights,the specific scheme for the"codification"of environment rights is to construct the system from three levels of ontological provision,guarantee provision and reliefprovision.

Comparative Analysis of Environment Right and Property Right of Environment Resources

The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as to master the connotation of environment resources property.

The Conflict and the Balance between the Right to Development and the Right to the Environment——Perspective and Reflection Based on China

The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.

Right to Environment:A New Human Right Of Modern Times

Human rights are the fundamental rights. The right to environment is derived from human rights. The right to life lies in the central core of human rights. Without a sound environment it would not be possible to sustain an acceptable quality of life or even life itself. The right to environment therefore originated in the right to life, but transcends lite. Thus it is a new human right of modern times.