Skip to main content Accessibility help
×
Hostname: page-component-5d59c44645-jqctd Total loading time: 0 Render date: 2024-03-03T03:45:53.364Z Has data issue: false hasContentIssue false

9 - Environmental Tort

Published online by Cambridge University Press:  16 June 2021

Yuhong Zhao
Affiliation:
The Chinese University of Hong Kong
Get access

Summary

Chapter 9 examines environmental torts with a focus on the special rules and doctrines developed since the 1980s and under the Tort Law (2009) and relevant judicial interpretations of the SPC. Although most pollution-triggered disputes are resolved by mediation, courts offer the crucially important last resort for China’s most aggrieved and stubborn victims of pollution to seek remedies. Their efforts in seeking access to justice have helped shaping and reforming the rules and practice of environmental tort law to address the difficulties in the collection of evidence, assessment of damage, case acceptance by court, and enforcement of judgment. The chapter starts with exploration of the long journey to establish the rule of no-fault liability as an exception to the conventional fault-based liability by both judicial interpretation and legislation. It then examines the causal link between defendant’s acts and plaintiff’s loss or injury and the rule on the shift of burden of proof from plaintiff to defendant. As environmental torts often involve multiple tortfeasors and large number of victims, the chapter further investigates forms of liability among multiple tortfeasors, class action and remedies. It concludes with discussion of judicial mediation as a preferred option for settling disputes in court.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Environmental Tort
  • Yuhong Zhao, The Chinese University of Hong Kong
  • Book: Chinese Environmental Law
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781139600316.012
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Environmental Tort
  • Yuhong Zhao, The Chinese University of Hong Kong
  • Book: Chinese Environmental Law
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781139600316.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Environmental Tort
  • Yuhong Zhao, The Chinese University of Hong Kong
  • Book: Chinese Environmental Law
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781139600316.012
Available formats
×