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Conclusion and Recommendations

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Abstract

As a concluding part of this book, this Chapter restated the challenges and problems faced by China while developing its own contaminated land regimes. It then provides reviews for China’s current response to an explosion in contaminated land cases. More importantly, it points out the need for specific contaminated land legislation. It finally provides recommendations for establishing a contaminated land liability system in China.

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Notes

  1. 1.

    See Sect. 2.3.2 of the Chap. 2. See also Xinhua News Agency, 509 Sickened in Chemical Plant Pollution in Central China City (3 August 2009) <http://news.xinhuanet.com/english/2009-08/03/content_11819359.htm >. As a result of this sever pollution case, there officials had received by the Jurisdiction departments. See Xinhua News Agency, Three Officials Punished Over Cadmium Pollution in Central China City (4 August 2009) <http://news.xinhuanet.com/english/2009-08/04/content_11823424.htm>.

  2. 2.

    As we’ve discussed in earlier Chapters, specific contaminated land legislation has been recommended by almost all of the advocates of the law. For example, see Wang Shuyi, ‘Thinkings on the Enactment of Soil Pollution Control Law of the PRC’ (2008) ( 2008(3)) Law Review 73.

  3. 3.

    M Postle et al, ‘Cost-benefit Analysis for Remediation of Land Contamination’ (R & D Technical Report P316, UK Environment Agency, 1999) <http://publications.environment-agency.gov.uk/PDF/STR-P316-E-E.pdf>.

  4. 4.

    Frank A Swartjes (ed), Dealing with Contaminated Sites: from Theory towards Practical Application (Springer, 2011) 39.

  5. 5.

    James Boyd, ‘Environmental Remediation Law and Economies in Transition’ (1999) RFF 99-21 <http://www.rff.org/Documents/RFF-DP-99-21.pdf>.

  6. 6.

    Of course, not all competing uses of state financing are as socially desirable as schools and hospitals. Nevertheless, if governments take a broad set of social benefits and costs into account, and if wealth is scarce, it follows environmental standards should be lower in poorer countries. Another argument for lower standards is that they are more realistically enforceable. In nations where there is often a vast difference between the letter of the law and its implementation, standards that cannot be practically enforced undermine respect for the ‘rule of law’.

  7. 7.

    Todd S Davis and Scott A Sherman, Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property (American Bar Association, 3rd ed, 2010) 8.

  8. 8.

    Xue Lan, Udo E Simonis and Daniel J Dudek, ‘Environmental Governance in China’ (Best.-Nr. P 2007-001, CCICED, 2006) <http://skylla.wz-berlin.de/pdf/2007/p07-001.pdf?&lang=en_us&output=json&session-id=f1385f2b27f5a3ea276603a464e800b1>.

  9. 9.

    See Chap. 6. More information about the Superfund Site Information, see EPA website, http://www.epa.gov/superfund/sites/siteinfo.htm.

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Correspondence to Xiaobo Zhao .

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Zhao, X. (2013). Conclusion and Recommendations. In: Developing an Appropriate Contaminated Land Regime in China. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-31615-9_9

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