Minority environmental rights
|School||Kunming University of Science and Technology|
|Course||Environment and Resources Protection Law|
|Keywords||minorities environmental resources benefit-sharing rights participation use rights protection mechanism|
With the development of human rights theory and the deterioration of the environmental pollution, the concept of environmental right appears increasingly in the people’s vision. People pay more attention to this new right of man and nature because the deep discussion of the minority rights and the environmental right theory. Environmental right is essential to human being as it is basic character. With further deepening of research, environmental right is refining, and it’s content is expanding too. From the civil environmental right to environmental sovereignty in the 70th, and then expand to legal person, animals and so on. However, opposite to the further trend of the subject of environmental right, research on the special subject failed to forming systems, and researches are not systematic, especially at present, the environmental problems of minority become prominent, but environmental right which is the basic theory of environment protection doesn’t according to the practical situation, it also doesn’t explore approaches to protect the environment of minority and construct the theory of environment rights of minorities. This thesis take the minority as research object, elaborate the concept and characteristic, the problems and contradictions in protection of environment rights of minorities at present in China to protect rights of minorities and to achieve environmental justice in its true sense.This paper is divided into four parts, main content is:Introduction:the significance of topic, the research status and trends, the research method and innovative points.Chapter one:"Our minority status and the analysis environment problem" solves the starting point of the study and puts forward problems. Firstly, it elaborate the profile social, economic and environmental in our minority regions, it mainly introduced in the ethnic minorities in China at present living environment, especially minority dependency relationship to the environment; Secondly, the author analysis the main environment problems in our minority regions, this chapter is the important part for all paper and analyzed the background of this paper, according to national minority population pressure increases the rapid growth environment, living space decrease, economic development impact minority of production and life and cultural traditions deeply analyzes the phenomenon such as. Minority environment rights has been explicit the difficulties and focus in the during of the minority environment right protection, aims to solve environmental problems which exists of itself over conflict and the environment of justiceChapter 2: "The connotation of ethnic minorities environment rights and protection status in China ", emphasis is on research the connotation and scope of environment rights, minority environment rights has been explicit the difficulties and focus in the during of the minority environment right protection, aims to solve environmental problems which exists of itself over conflict and the environment of justice. Through the analysis of the protection of the right of ethnic minority environment present situation of blackboard summarized below theoretical basis.Chapter 3:"The theoretical foundation of minority environment rights because of minorities lack of environmental rights, the related research is difficulty to forming system in theoretical study, this chapter will aim at this problem, combined with the practical problems of the minority environment rights in last chapter existing in the research foundation theory, analyses the problems. Adopt positivism approach, in combination with the characteristics of minority people’s research minority environment right definition, characteristics, content and other basic theory, especially pay attention to minority environment right and common environment right differences, make minority environment right theory can systematically. Second is the study of minority environment right ethical basis and ethnic minority areas of traditional theory about environmental right theory, the transformation of the theory of ethnic aspects where innovation should be, and the limitation of theory and practice, finally is constructing the environmental right of ethnic minorities, the legal basis and analysis the next chapter of constructing environment right legal basis.Chapter 4:"The realization mechanism of the environmental rights of ethnic minorities " this chapter is the key to solve full construction of ethnic minority environment right problem, hope through environmental law means to protect minority environment, especially to explore with the environment right out of the way to protect the environment. This chapter is divided into three verses; the first festival is the right of ethnic minority environment proposed legislation safeguard, clear minority environment right and use of local legislation guide to environmental protection. The second section is the guarantee minority environment right, mainly relating to the main system is public participation in system and mechanism of ecological compensation, separately from management and funding two aspects. The last section is minority environment right to the operation of the safeguard mechanism, strengthening national autonomous organs by the environmental law enforcement and judicial and law-abiding to protect minority rights to the environment.