Justice for pollution-victims in China and Australia

Maguire, Rowena & Johnson, Hope (2013) Justice for pollution-victims in China and Australia. In Carrington, Kerry & Walters, Reece (Eds.) Crime, Justice, and Social Democracy : Proceedings of the 2nd International Conference, Queensland University of Technology, Brisbane, QLD.

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Abstract

The concept of environmental justice is well developed in North America, but is still at the evolutionary stage in most other jurisdictions around the globe. This paper seeks to explore two jurisdictions where incidents of environmental justice are likely to be seen in the future as a result of manufacturing and mining practices. The discussion will centre upon avenues to environmental justice for both private citizens and the public at large. The first jurisdiction considered is China, where environmental liability claims brought by Chinese citizens have increased at an annual average of 25% (Yang 2011). Manufacturing is at the core of the Chinese economy and is responsible for some of the unprecedented economic growth in the region. Less discussed are the industry impacts on water and air pollution levels and the associated implications of these pollutants on local communities. China introduced the Tort Liability Law (TLL) in 2010, which may provide avenues to justice for private citizens. The other jurisdiction considered by the paper is Australia, where the mining boom has buffered the Australian economy from the global financial crisis. There is some limited case law in Australia where private citizens have made a claim in toxic torts; however the framework is underdeveloped in terms of the significant risks facing indigenous and local communities in mining areas and also by comparison to the developments of the TLL framework in China. This paper traces the regulatory responses to the affects of major industries on communities in China and Australia. From this it examines the need for environmental justice avenues that align with rule of law principles.

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ID Code: 62556
Item Type: Conference Paper
Refereed: Yes
Keywords: Environmental Justice, Pollution, Australia, China, Torts, Comparative analysis, Legal avenues, Mining, Manufacturing
ISBN: 9780987467843
Subjects: Australian and New Zealand Standard Research Classification > MEDICAL AND HEALTH SCIENCES (110000) > PUBLIC HEALTH AND HEALTH SERVICES (111700)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Criminology not elsewhere classified (160299)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > OTHER LAW AND LEGAL STUDIES (189900)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Institutes > Institute for Future Environments
Current > Schools > School of Justice
Copyright Owner: Copyright 2013 Crime and Justice Research Centre QUT
Deposited On: 16 Sep 2013 22:57
Last Modified: 22 Jun 2017 14:46

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