Justice for pollution victims in China and Australia

Johnson, Hope, Maguire, Rowena, de Smet, Andries, & Sterckx, Sigrid (2015) Justice for pollution victims in China and Australia. The Australasian Journal of Natural Resources Law and Policy, 18(1), pp. 77-104.

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Abstract

The concept of environmental justice is well developed in North America, but is still in its evolutionary stages in most other jurisdictions. This article seeks to explore two jurisdictions where claims for environmental justice are likely to be seen in the future as a consequence of polluting industries. We focus on avenues open to private citizens to enforce environmental justice. The first jurisdiction considered is China, where the Tort Liability Law was introduced in 2010 to improve the regulatory framework for private citizens seeking environmental justice. The second jurisdiction is Australia, where no specific tort laws exist to help pollution victims. On the basis of Christian Barry's vulnerability presumption principle, we argue for the development of environmental justice avenues in Australia that draw inspiration from China's novel approach, while noting that significant implementation challenges exist in upholding Chinese pollution laws.

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ID Code: 95760
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Environmental justice, Pollution, Vulnerability presumption principle, Torts law
ISSN: 1320-5323
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Institutes > Institute for Future Environments
Current > Schools > School of Law
Copyright Owner: 2015 University of New South Wales
Deposited On: 25 May 2016 22:45
Last Modified: 30 May 2016 16:39

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