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LEGAL ISSUES ON CHINA’S ENVIRONMENTAL MANAGEMENT OVER CHEMICALS AND STRATEGIC COUNTERMEASURES
Xia Cao, Bing Yin, Zheng Li, Meishu Wang
Front Law Chin. 2013, 8 (2): 335-355.
https://doi.org/10.3868/s050-002-013-0013-7
Chemicals, due to their combustible, explosive, toxic characteristics and aptness to jeopardize the environment, human health and public safety, have long been on the top agenda of the governments throughout the world. At present China is a large country in the production, consumption and trading of chemicals with 45, 000 kinds already manufactured and in use and some 100 new kinds per year awaiting being registered to enter into the markets.1 Generally, the chemicals management in China has undergone through labor protection between 1950s and 1960s, pollution control and public safety during 1970s and 1980s, and ozone protection, climate change, recycling economy and anti-terrorism in recent decades. The focus of the legislation on chemicals has shifted from separate and scattered regulations in the form of departmental rules to national regulations which give special attention to the coordination of concerned departments and to the linkup and compatibility with relevant international treaties. In a word, chemicals management has become one of the sectors in China’s environmental management domains where there are a large number of stringent regulations.
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BURDEN OF PROOF AND PRIMA FACIE CASE IN WTO DISPUTES SETTLEMENT — A PERSPECTIVE OF CHINESE LAW
Heng Liu, Weidong Chen
Front Law Chin. 2013, 8 (2): 356-376.
https://doi.org/10.3868/s050-002-013-0014-4
This paper discusses the concept of burden of proof and prima facie case, respectively, in WTO dispute settlement based on the legal doctrine on burden of proof in Chinese law. From the perspective of Chinese law, the burden of proof has three implications on two levels, namely the behavior burden of production and the behavior burden of persuasion in the procedural sense, and the result burden of bearing unfavorable consequence in its substantive sense. A prima facie case also includes the weaker account and the stricter account. They do not mean the same in different contexts, but what is the exact meaning thereof in a given context is clear. The real confusion of the burden of proof in WTO dispute settlement is prima facie standard which, in practice, to some extent, relies on the determination by the panel on case-to-case basis.
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