Double-Faceted Environmental Civil Liability and the Separate-Regulatory Paradigm: An Inspiration for China

The recognition of the intrinsic value environment and natural resources contributed to establishment liability for damage per se, which, coupled with traditional environmental tort liability, constitute double facets civil liability. Although two share some common characteristics, their distinct focuses indicate that they cannot be fully covered by law or systems alone. As a result, an international trend toward regulatory approach which is referred in this article as “separate-regulatory paradigm”, emerging. In such pattern, followed United States (US) European Union (EU), are mainly regulated statutes, respectively. However, China, relying substantially on its system address harm, seems deviate from paradigm. This analyzes significance separate-regulatory paradigm argues it has profound implications China. suggests separate statutory scheme moves beyond existing Chinese framework achieve full recovery damage.