Event Title

Conference on China and Global Climate Change : Reconciling International Fairness and Protection of the Atmospheric Commons

Location

AM308, Lingnan University

Start Date

19-6-2009 4:00 PM

End Date

19-6-2009 5:30 PM

Language

English

Description

Climate protection is one of the basic problems in the modern world. It is also a problem which should be solved in an all-world scale and not by each state separately. It does not mean, however, that individual states could not regulate issues concerning climate protection in their own legislation. Constitutional regulations play an important role in climate protection.

Climate protection in the constitution of the People’s Republic Of China is carried out on several plains. First, climate is protected as an environmental element to the use of which all citizens have the right. Public authorities ensure climate protection. Second, climate protection occurs within the protection of rights and freedoms of an individual. An individual / citizen has the right to use environment, and also climate. Third, climate is protected as an element of environment on the basis of the regulations concerning environment as the good of the whole nation.

In the first place it should be noticed which duties public authorities have when it comes to climate protection. It is about presenting their duties concerning this notion. Climate is protected first due to the fact that it is an element of environment which public authorities should protect and, second, climate as an environmental element is the common good of a nation.

Later constitutional position of an individual concerning climate protection will be presented. In particular, the duty of an individual to protect climate will be characterized as well as the rights of an individual to use environment.

The summary will contain proposed solutions which could be accepted in the Constitution in the future in order to protect climate in a better way by the People’s Republic Of China.

Document Type

Presentation

Recommended Citation

Rakoczy, B. (2009). Climate protection in the People’s Republic of China. In China and global climate change: Proceedings of the conference held at Lingnan University, Hong Kong, 18-19 June 2009 (pp. 575-581). Centre for Asian Pacific Studies and the Environmental Studies Programme, Lingnan University, Hong Kong.

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Jun 19th, 4:00 PM Jun 19th, 5:30 PM

Climate protection in the People’s Republic of China

AM308, Lingnan University

Climate protection is one of the basic problems in the modern world. It is also a problem which should be solved in an all-world scale and not by each state separately. It does not mean, however, that individual states could not regulate issues concerning climate protection in their own legislation. Constitutional regulations play an important role in climate protection.

Climate protection in the constitution of the People’s Republic Of China is carried out on several plains. First, climate is protected as an environmental element to the use of which all citizens have the right. Public authorities ensure climate protection. Second, climate protection occurs within the protection of rights and freedoms of an individual. An individual / citizen has the right to use environment, and also climate. Third, climate is protected as an element of environment on the basis of the regulations concerning environment as the good of the whole nation.

In the first place it should be noticed which duties public authorities have when it comes to climate protection. It is about presenting their duties concerning this notion. Climate is protected first due to the fact that it is an element of environment which public authorities should protect and, second, climate as an environmental element is the common good of a nation.

Later constitutional position of an individual concerning climate protection will be presented. In particular, the duty of an individual to protect climate will be characterized as well as the rights of an individual to use environment.

The summary will contain proposed solutions which could be accepted in the Constitution in the future in order to protect climate in a better way by the People’s Republic Of China.