Environmental Rights 环境权
演讲人：Professor Mark Poustie, University of Strathclyde, Glasgow, UK
主持人：张勇安教授
时间：2014年12月4日下午2：00-3：30
地点：A602室
演讲嘉宾简介
Professor Mark Poustie has worked at the University of Strathclyde Law School since 1992. He was previously a UK government linguist and qualified as a lawyer in Scotland in 1992. He was appointed Professor in 2003 and was Head of Strathclyde Law School from 2007 to 2013. He was then appointed as Vice-Dean (Internationalisation) for the Faculty of Humanities and Social Sciences for a 3 year period. He has also lectured in China, the USA, Hungary and Poland. He was appointed as an Oriental Scholar funded by the Shanghai Government in January 2014 for a 3 year period. As part of this role he is conducting research on the enforcement of Chinese environmental law.
Mark Poustie教授自1992年任职于斯科莱德大学法学院。这之前，他是英国政府聘任的语言学家，其于1992年在苏格兰取得律师资格。2003年，他受聘为教授，2007年至2013年间，他担任斯科莱德大学法学院负责人。之后，他受聘为人文与社会科学学院主管国际事务副院长，任期三年。他曾到中国、美国、匈牙利和波兰讲学。2014年1月，他受聘为受上海政府资助的东方学者，任期三年。作为职责之一，他正开展中国环境法执法状况研究。
Lecture Outline
Those affected by environmental pollution and damage increasingly seek to use a variety of legal instruments to halt the damage or pollution or to obtain compensation for injuries or damage to property or to participate in environmental decision-making which affects them in order to minimise risks of environmental damage. Increasingly litigants are utilising human rights provisions in this environmental context. Such rights are commonly referred to as ‘environmental rights’. This lecture essentially examines the linkages between human rights and environmental protection. It seeks to explore the human rights approaches which can be used in an environmental context, the theoretical basis of environmental rights, the extent to which environmental rights have been recognised at international, regional and national level, whether the fact they are ‘human rights’ is problematic in terms of protecting the environment, the potential for conflict between environmental protection and human rights, the difficult issue of how a substantive environmental right to a clean environment can be defined, how such rights can be applied in law substantively or procedurally and whether such rights are absolute or qualified, how environmental rights can be enforced at national and international level and attempts to provide an overall assessment of the value of such rights.