The moderate codification of environmental law is based on the systematization of environmental law as a methodological foundation, which should consider the integration of legal frameworks for the protection of ecosystems, natural resources, and the environment (including pollution prevention and control laws). The proposed Environmental Code, which is currently under review, should encompass the entire body of environmental law, including natural resources law. In accordance with the “integrationist theory of environmental law”, the law of natural resources must be included in the process of codifying environmental law. The “moderate codification” model establishes that the general provisions of the Code serve an overarching regulatory function in relation to the sub-legal provisions and individual laws. From a holistic perspective on the environment, the general section of the Code should set forth the overarching legislative philosophy, core principles, and foundational legal structures, inclusive of natural resources law. This would cover both the norms related to natural resources protection as well as those governing natural resources exploitation and management, which are currently addressed in separate legislation outside the Environmental Code.

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Status and Development of Natural Resources Law in the Codification of Environmental Law

  • Qun Du,
  • Ning Ding,
  • Jing Li

摘要

The moderate codification of environmental law is based on the systematization of environmental law as a methodological foundation, which should consider the integration of legal frameworks for the protection of ecosystems, natural resources, and the environment (including pollution prevention and control laws). The proposed Environmental Code, which is currently under review, should encompass the entire body of environmental law, including natural resources law. In accordance with the “integrationist theory of environmental law”, the law of natural resources must be included in the process of codifying environmental law. The “moderate codification” model establishes that the general provisions of the Code serve an overarching regulatory function in relation to the sub-legal provisions and individual laws. From a holistic perspective on the environment, the general section of the Code should set forth the overarching legislative philosophy, core principles, and foundational legal structures, inclusive of natural resources law. This would cover both the norms related to natural resources protection as well as those governing natural resources exploitation and management, which are currently addressed in separate legislation outside the Environmental Code.