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DEVELOPMENT OF ENVIRONMENTAL RIGHTS IN CHINA: SUBSTANTIVE ENVIRONMENTAL RIGHTS OR PROCEDURAL ENVIRONMENTAL RIGHTS
ZHU Xiao, WANG Shenghang, Eva-Maria Ehemann
Front. Law China. 2017, 12 (1): 24-56.
https://doi.org/10.3868/s050-006-017-0003-6
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.
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ENVIRONMENTAL INFORMATION DISCLOSURE IN CHINA: IN THE ERA OF INFORMATIZATION AND BIG DATA
ZHANG Lei, Arthur P. J. Mol, YANG Shuai
Front. Law China. 2017, 12 (1): 57-75.
https://doi.org/10.3868/s050-006-017-0004-3
The past decade has seen remarkable progress made in the field of environmental information disclosure in China. While the overall institutional changes and the motivation/willingness of the government to open up information are important conditions, China’s encounter with revolutionary Information and Communication Technological (ICT) advancement and rapidly emerging big data quickly changed China from an “information poor environment” to an “information complex environment.” While most previous studies centered on those drives/constraints that were recognized in established informational governance framework, recent advancement in ICTs and emerging big data posed new challenges, opportunities and research questions. When increasing information disclosure became a new game changer in environmental governance, China has had to cope with risks and pitfalls in a new technology-empowered information environment as well. This article updated previous studies on legislation/ regulations/policies regarding environmental information disclosure in China and their implementation effectiveness, and paid special attention to China’s recent informatization progress and emerging big data. Information disclosure was treated as a process that includes data/information generation/collection, disclosure, functional pathways of communication, and direct/indirect impacts. Changes in environmental information disclosure should be understood in a broader context of overall changing environmental governance and informatization in China. It is important to understand ICTs and information disclosure as a double-edged sword. Normative, substantive, and instrumental benefits of disclosure as well as collection and reporting costs, the issue of targeted transparency, and the risk of unintended use should be strategically considered. Principles and guidelines need to be developed to avoid pitfalls while maximizing benefits.
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