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A Study on Operation and Law of Environmental Dispute Resolution and Environmental Liability

Absrtact
Various complicated issues of environmental liability have challenged the capacity of existing scheme and institution. In the light of Environmental Basic Law, the future Environmental Liability Act should properly respond both to the complexity of modern environmental problems and the uncertainty of the climate change challenges. Through empirical study, comparative study and theoretical inquiries, we on the one hand had significant understanding on Taiwan’s environmental problems and the operation of existing institutions, on the other hand graped the trend of environmental issues and the corresponding change of liability scheme. On this basis, we focused on seven key issues: the dispute resolution on environmental conflicts, the reformation of liability rules, the introducing of environmental insurance, the establishment of environmental funds, the response to transboundary pollutions, the position of environmental law, and the perspective toward clime change. We proposed solutions for each issues, evaluating all and making suggestion. We preferred to incorporate the function of dispute resolution system into future environmental liability law, and adjust liability rules in it. Compulsory first party insurance should be implanted against incremental pollution, and environmental funds should be in charge of environmental recovery. We also suggested coping with transboundary pollution actively and pragmatically, and trying to face the challenge of climate change with a revolutionary vision domestically.
Keyword
environmental liability, environmental dispute resolution, compensation, funds, insurance, climate change, transboundary pollution
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