Retroactive Liability in China's Soil Pollution Law

Lessons from Theoretical and Comparative Analysis

Bibliographic Data

ID4610198
AuthorsHuanhuan Wang (0000-0002-8886-8589, East China Normal University, corresponding author)
Year2020
Volume9
Issue3
Pages593-616
Publication date2020-11-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTransnational Environmental Law (JOURNAL)
Journal identifiersISSN: 2047-1025 • E-ISSN: 2047-1033
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s2047102520000011
OpenAlexW3028008034
LanguageEN
Citations received2
References cited6

Whether companies and shareholders should be held liable for land contamination that occurred prior to the passage of the law imposing liability for such contamination is a complex issue. After a theoretical analysis of the legitimacy of retroactivity in land contamination law, our comparative study shows that most countries have adopted, or tacitly approve of, retroactive liability for land contamination. However, the liability schemes implemented in the countries investigated vary as to the types of obligation, the timing of conduct for which liability is imposed, and the standard of liability, among other factors. The retroactive imposition of liability in China's recently enacted Law on the Prevention and Control of Soil Pollution is examined, as well as the roadblocks that still remain, and further improvement based on the theoretical and comparative analysis are considered

Business · China · Corporate governance · Economics · Joint and several liability · Law and economics · Legal liability · Legitimacy · Liability · Obligation · Political science · Shareholder · Strict liability · Environmental law and policy · International Environmental Law and Policies · Law · Finance

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