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实事求是,认识政府、企业和“第三方主体”,探索以法律保障其良性互动之原理和途径。

 
 
 

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主要学术观点: 一、解决经济发展的资源环境代价过大问题和转变发展方式,都急需在法律上建立规范和制约政府有关环境的行政行为的制度。我国环境法制建设的战略突破口在于进行这项重要的基础性制度建设。 二、《环保法》应当为环保事业主体之间的良性有效互动提供法律保障。 三、法律对于环保主体良性有效互动的保障程度,是衡量一个国家环境事业和环境法制发展水平的一个重要指标。

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Foreword of the Chief-Translator  

2012-09-01 17:33:20|  分类: Eng.Paper |  标签: |举报 |字号 订阅

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Foreword of the Chief-Translator

Wang Xi

 

With a moved heard and a high admiration, I finished reading and translation this book. I am grateful to Ms. Barbara J. Lauche for writing such a comprehensive, accurate history book, with valuable pictures, for the IUCN Environmental Law Programme (ELP).  More importantly, I am grateful to all the founding fathers and promoters of the ELP recorded in this book, because they not only have a deep cognition and foresight of the indispensable role of environmental law in the cause of environmental protection, but also spend their whole life for promoting environmental law, tirelessly and selflessly, in global, regional, national and local levels.  Through the framework of IUCN-ELP, they have made substantive contribution to the development of environmental law, especially international environmental law.  Therefore, they are a group of people who deserve a high admiration.  I am proud that I have worked with those excellent people since 1993 when I became a member of the Commission on Environmental Law.

Legal status and roles of non-governmental organizations (NGOs) and individuals in international law is an important issue to be studied in contemporary public international law.  The IUCN recorded in this book is such a long-time non-state actor on the stage of international environmental law.  It has the status of official observers for many important international organizations, including most importantly, United Nations.  Just as this book recorded, people can see IUCN in almost all the preparation and carrying out of important international conferences and international instruments. By deeply involving in important international conferences, such as 1972 UN Stockholm Conference on Human Environment, 1992 UNCED and 2002 UN Summit on Sustainable Development, and by launching even drafting important environmental conventions, such as conventions on protecting whales, conserving African nature, prohibiting international trade of endangered species, preservation of world natural and cultural heritage, conservation of wetlands, and protection of biological diversities, as well as by creating and preparation important international documents, such as the Word Charter for Nature, Our Common Future, Rio Declaration of Environment and Development, International Covenant for Environment and Development, the IUCN-ELP have made unique contribution to the new thoughts, concepts and code of conducts for international society in the area of environment protection.  What is the roles of non-governmental organizations and individuals in contemporary international law?  How do they promote the development of international environmental law?  This book provide invaluable information for answering those questions.

This book faithfully records the birth and growing up of the Environmental Law Programme, Environmental Law Commission and Environmental Law Center of IUCN.  In addition to providing historical information for studying the roles of international environmental NGOs, this book provides with researchers a new angle and path for understanding the major events and instruments of international environmental law.  I have noted that this book recorded the early presence of IUCN-ELP in China.  So, this book is helpful for studying the history of international exchanges between the environmental law scholars of China and their counterparts in other countries.

The Chinese version the book is translated by a special team organized and led by me.  Most of the members were my former students.  Now they are promising young scholars.  All the translation and review and correction are provide by the team on basis of volunteer.  It is a small contribution of the team to the development of environmental law of the world.  I would like to take this opportunity to sincerely thank each member for their hard and qualified work for the translation.  Dr. Hu Yuan and Mr. Xie Haibo assumed some additional work of translation and compilation.  They deserve my additional thanks.

I am very grateful to Dr. Wolfgang Burhenne, one of the founding fathers of IUCN-ELP and the Chairman of International Council of Environmental Law (ICEL), and to Dr. Alejandro Iza, the Head of IUCN-ELP, for authorizing me to translate this book into Chinese and the support and help given to me for the translation.

This translated book is one of the book series devoted to the 10th Anniversary of School of Law, Shanghai Jiao Tong University.  I am grateful to the Law School for sponsoring the publication of this book.  As one of “old man” for the founding of the law school, I take this opportunity to sincerely wish that it will continuing grow up in the Year of Dragon and afterwards.

In order to guarantee the quality of the translation, the team unified rules on translation for names of people, localities and institutions in advance.  The first draft of the translation for each chapters was circulated among the team members for mutual reviewing and correction.  I checked and corrected the whole first draft and finalized the translation.  This book contains not only many special words on names of people, localities and institutions, but also many legal terms.  The translation is not easy.  Although the team have worked hard for checking the translation, it is very possible that improper translation exist.  I am grateful to readers of the book for pointing out those improper translation, so as to help us to correct them in the future.

The name list of translators and reviewers for each chapters are as the following (omitted)

                                              

                                       Environmental and Resources Law Institute

                                                 School of Law

                                        Shanghai Jiao Tong University

                                                 29 Jan. 2012

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