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Communication Dans Un Congrès Année : 2019

European and Chinese environmental protection laws: a convergence? Some issues about legal cultures

Résumé

European Union (EU) and China are usually seen as deeply different legal systems. European Union is considered as a member of the continental legal system. China is a member of the socialist family, and more widely a member of non-western legal systems. However, a legal field seems to bring these legal systems closer: environmental protection. Despite deep differences in the foundations of these legal systems and with a cultural interconnection between Society and Nature which is truly distinct, European and Chinese legal systems show some similarities. Serious legal transplants from European instruments to Chinese regulations occurred, such as in water protection field or about air pollution. Does it indicate a Europeanization of Chinese environmental law? This contribution proposes to compare environmental legal systems in European Union and China. It highlights the effect of legal culture on environmental protection instruments and their effectivity. This issue is usually underestimated in this field.
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hal-02952197 , version 1 (29-09-2020)

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  • HAL Id : hal-02952197 , version 1

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Claire Joachim. European and Chinese environmental protection laws: a convergence? Some issues about legal cultures. 8th Global Younger Comparativists Committee Conference, American Society of Comparative Law, Université McGill, May 2019, Montréal, Canada. ⟨hal-02952197⟩
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