Abstract
Devising effective responses to the scale and threat of environmental degradation have been challenges that policy makers at both the international and domestic levels continue to grapple with. As the implementation of these measures not only involves the imposition of costs on the community, but also require substantial sacrifices from the community if they are to have any prospect of succeeding, it is essential that the measures gain the public’s acceptance. This article argues that for the public to embrace the sacrifices that these measures will entail, it is essential that the community as stakeholders are given a say in the process. Whilst active community participation can be fostered in several ways, this article focuses on the empowerment of the community to bring public interest lawsuits against acts or omissions that are either likely to result in, or do in fact result in environmental malfeasance. Both China and some of the states in Australia have legal frameworks that are designed to foster public interest litigation but as this article demonstrates, the general public’s involvement is limited due to the hurdles inherent in each legal system.
Original language | English |
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Number of pages | 20 |
Publication status | Accepted/In press - 10 Jul 2017 |
Event | East Asia Law and Society Association Conference Singapore 2016: Centre for Asian Legal Studies - Singapore, Singapore, Singapore Duration: 22 Sept 2016 → 23 Sept 2016 Conference number: 1 http://law.nus.edu.sg/pdfs/cals/events/InauguralAsianLawSocietyAssociationConference2016.pdf |
Conference
Conference | East Asia Law and Society Association Conference Singapore 2016 |
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Abbreviated title | Asian Law |
Country/Territory | Singapore |
City | Singapore |
Period | 22/09/16 → 23/09/16 |
Internet address |
Bibliographical note
submitted for publicationKeywords
- public interest ligitation
- China, Australia