Disscussion on the Character of the Environmental Right
Fan Xin-hua
Abstract
Fan Xin-hua
Abstract
The environmental right is a new right of the human rights system,to which the environmental crisisleads.Through introducing the background of the environmental right produce,this paper analyses the restrictions of the tradition legal theories in studying the environmental right character,and suggestes that the environmental right is divided into the national environmental power and the citizen environmental right.The character of state environmental power is the public right based on service,and the citizen environmental right is the private right based on participation.
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The environmental right is a new right of the human rights system,to which the environmental crisisleads.Through introducing the background of the environmental right produce,this paper analyses the restrictions of the tradition legal theories in studying the environmental right character,and suggestes that the environmental right is divided into the national environmental power and the citizen environmental right.The character of state environmental power is the public right based on service,and the citizen environmental right is the private right based on participation.
Key concepts: Character (mathematics), Environmentalism, Exclusive right, Environmental regulation, Environmental law, Environmental resource management, Political science, Law