Double-Faceted Environmental Civil Liability and the Separate-Regulatory Paradigm: An Inspiration for China

Zhai, Tiantian

doi:10.3390/su14074369

Cited by 3 publications

(2 citation statements)

References 40 publications

(58 reference statements)

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“…According to Palekien ė et al (2014) [40], the concepts of L&D are used both in the economic and legal spheres with considerable overlap. Zhai (2022) [42] reported that the construct of L&D is often viewed as either "damages to human beings" or "damage to the environment". Climate-change related L&D is an emerging field of study that lacks empirical data on how climate impacts harm natural and human systems [43].…”

Section: Selected Counties (Affected By Sea Rise)mentioning

confidence: 99%

Enhancing the Definitions of Climate-Change Loss and Damage Based on Land Conversion in Florida, U.S.A.

et al. 2023

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Loss and damage (L&D) from climate change result from past and current greenhouse gas (GHG) emissions. Current definitions of L&D exclude GHG emissions even though they represent L&D to human beings and the environment. This study’s objective was to identify and quantify the L&D from GHG emissions associated with land developments using the state of Florida (FL) in the United States of America (USA) as a case study. All land developments in FL caused various L&D (20,249.6 km2, midpoint 3.0 × 1011 of total soil carbon (TSC) losses with midpoint $50.3B (where B = billion = 109, USD) in social costs of carbon dioxide emissions, SC-CO2), while “new” land developments (1703.7 km2) in the period from 2001 to 2016 caused a complete loss of midpoint 2.8 × 1010 kg of TSC resulting in midpoint $4.5B SC-CO2. These emissions are currently not accounted for in FL’s total carbon footprint (CF). Climate-change-related damages in FL include permanent losses (e.g., land losses), with 47 out of 67 FL’s counties potentially affected by the projected sea-level rise and repairable damages (e.g., destruction from hurricanes). Based on the fixed social cost of carbon (C), there appears to be a disconnect between the value attributed to soil-based emissions and the actual market-driven losses from climate-change-associated costs. The social cost of C could be scaled based on the vulnerability of a particular community and the market-based cost of L&D mitigation. Programs for compensation on the international level should be carefully designed to help people who have suffered climate-related L&D, without creating reverse climate change adaptation (RCCA), where compensation causes people to remain in areas that are vulnerable to climate-related L&D.

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Section: Selected Counties (Affected By Sea Rise)mentioning

confidence: 99%

Enhancing the Definitions of Climate-Change Loss and Damage Based on Land Conversion in Florida, U.S.A.

et al. 2023

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“…Among the most serious and difficult issues confronting modern industrial civilization are effectively discouraging environmental degradation and sufficiently remedying environmental injury. The environmental liability regime is a common regulatory mechanism used to help with this endeavor (Zhai 2022).…”

Section: Research Backgroundmentioning

confidence: 99%

Legal Regulation of Civil Liability for Environmental Damage: How Appropriate are Civil Liability Provisions with the Privacy of Environmental Damage?

AL-KHALAILEH,

AL-BILLEH,

MANASRA

et al. 2023

J. Environ Manag Tour

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The study analyzes the nature of civil liability resulting from environmental damage, because the risk of environmental pollution is one of the dangers that cannot be counted or predicted. Therefore, it is difficult to determine the legal basis on which it is based in the field of pollution. Traditional wrong-based liability rules do not respond to the tort-based environmental policy objectives in order to avoid environmental damage and ensure effective protection for those affected. This made the provisions of civil liability in the Jordanian Civil Law no longer commensurate with the specificity of environmental damage, especially since the situation requires compensation for damage to the environment itself and to the health and property of individuals. In addition, it is not hidden that there are shortcomings in the provisions of the Jordanian Environment Protection Law No. (6) of 2017. Its provisions included preventive and remedial measures for environmental pollution without considering the issue of compensation for environmental damage in a manner consistent with the nature and specificity of this damage. This requires the development of these rules in a way that commensurate with the nature of environmental damage.

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The development, shortcomings and future improvement of punitive damages for environmental torts in China—a reflection and comparative research

An,

Zhou,

Zhang

2024

Humanit Soc Sci Commun

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In the early 1990s, China introduced into its civil legal system the punitive damages system derived from the Anglo-American legal tradition, marking a significant legislative breakthrough among civil law countries. Currently, China is one of the countries with the greatest pressure to reduce emissions in the world, and more effective legal tools are needed for environmental governance. Therefore, in China’s Civil Code, which came into effect in January 2021, punitive damages for environmental torts were established, enabling the imposition of additional compensation for severe environmental pollution and ecological damage incidents and thus enhancing the deterrent effect of environmental laws. The construction of punitive damages for environmental torts in China has significant positive implications, but the provisions of the system are not perfect, leading to some confusion in its judicial practice. The United States has a very systematic and mature experience in the construction of punitive damages for environmental torts, which is worthy of reference for China. From a comparative research perspective, China’s punitive damages for environmental torts should particularly focus on issues such as expanding its scope of application, clarifying rules for determining compensation amounts, addressing issues of concurrent liability and optimizing related legislation.

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Double-Faceted Environmental Civil Liability and the Separate-Regulatory Paradigm: An Inspiration for China

Cited by 3 publications

References 40 publications

Enhancing the Definitions of Climate-Change Loss and Damage Based on Land Conversion in Florida, U.S.A.

Enhancing the Definitions of Climate-Change Loss and Damage Based on Land Conversion in Florida, U.S.A.

Legal Regulation of Civil Liability for Environmental Damage: How Appropriate are Civil Liability Provisions with the Privacy of Environmental Damage?

The development, shortcomings and future improvement of punitive damages for environmental torts in China—a reflection and comparative research

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