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The Dilemma and Countermeasures of Public Interest Litigation of Marine Environmental Pollution in China

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  • Yingying Li

    (Law School, Shanghai Maritime University, Shanghai 201306, China)

Abstract

Cases of marine environmental pollution (MEP), such as condensate leakage in the Sanchi case, not only directly infringe on private personal health and property rights, but also cause serious damage to the marine ecological environment. This paper analyzes dozens of MEP cases and summarizes the typical rights, interests, and remedies under Chinese law. Traditional tort liability legislation remedies the problem of infringement of private interests by environmental torts through compensation and punitive damages but it cannot reverse the damage to the marine ecological environment. Traditional civil legislation is built on the basis of rights and interests regarding damages and relief. MEP infringes on a wide range of citizens’ environmental rights and should be addressed by the environmental public interest litigation (EPIL), which is an important way to protect citizens’ environmental rights. This paper analyzes the legal interests, relief measures, and limitations of the existing EPIL legislation that is applicable to MEP cases under Chinese law, so as to make corresponding legislative suggestions.

Suggested Citation

  • Yingying Li, 2022. "The Dilemma and Countermeasures of Public Interest Litigation of Marine Environmental Pollution in China," Sustainability, MDPI, vol. 14(21), pages 1-24, November.
    • Handle: RePEc:gam:jsusta:v:14:y:2022:i:21:p:14415-:d:962214
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    References listed on IDEAS

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    1. Liu, Dan & Zhu, Ling, 2014. "Assessing China׳s legislation on compensation for marine ecological damage: A case study of the Bohai oil spill," Marine Policy, Elsevier, vol. 50(PA), pages 18-26.
    2. Yang, Chen & Qian, Zhu, 2022. "The complexity of property rights embedded in the rural-to-urban resettlement of China: A case of Hangzhou," Land Use Policy, Elsevier, vol. 122(C).
    3. Taye Demissie Beshi & Ranvinderjit Kaur, 2020. "Public Trust in Local Government: Explaining the Role of Good Governance Practices," Public Organization Review, Springer, vol. 20(2), pages 337-350, June.
    4. repec:eme:aaaj00:09513570310482282 is not listed on IDEAS
    5. Cai, Hongbin, 2003. "A Theory of Joint Asset Ownership," RAND Journal of Economics, The RAND Corporation, vol. 34(1), pages 63-77, Spring.
    6. Jane Broadbent & Richard Laughlin, 2003. "Public private partnerships: an introduction," Accounting, Auditing & Accountability Journal, Emerald Group Publishing Limited, vol. 16(3), pages 332-341, August.
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    Cited by:

    1. Bing Liu & Bailin He & Jiaxu Zhou & Xueyan Chen & Haiyan Duan & Zhiyuan Duan, 2024. "Driving Factors and Control Strategies of the Environmental Pollution Litigation Cases in China," Sustainability, MDPI, vol. 16(22), pages 1-13, November.

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