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This subject examines the legal framework governing natural resources and renewable energy in China, with particular focus on mineral deposits, living organisms, and climate resources (i.e., wind, sunlight and atmospheric moisture). The objective is to provide students with a practical understanding of this important area of economic regulation, and an appreciation of the broader normative considerations (i.e., efficiency and redistribution) that are applicable to similar issues elsewhere. This subject draws from the lecturer’s extensive academic scholarship on resources law, regulatory theory, and Chinese legal system.
Principal topics include:
- The normative theoretical framework for assessing resources law, in particular the controversies and ambiguities surrounding the conceptions of economic efficiency and redistributive fairness
- The constitutional framework in China governing natural resources, in particular provisions on property rights, ownership/allocation of natural resources, and environment protection.
- The core legislation/regulation governing natural resources and renewable energy in China with emphasis on provisions governing allocation, extraction/exploitation, and transfer
- The social, economic and political factors shaping the respective approaches towards natural resources management
- The strengths and weakness of the regulatory regime and general implications for natural resources management
Intended learning outcomes
A student who has successfully completed this subject will be able to:
- Identify the relevant statutes/regulations and have an advanced understanding of the legal principles governing natural resources allocation, extraction/exploitation, and transfer in China.
- Critically evaluate these legal rules with respect to the normative considerations of efficiency and redistribution
- Have an advanced understanding of the social, political and economic factors shaping these legal rules
- Recognise and assess the legal and normative implications associated with novel problems arising from natural resources management in other jurisdictions and/or contexts.
Students will also develop specialised skills to:
- Clearly articulate and convey complex information regarding different and highly complex regulatory regimes orally and in writing.
- Independently examine, research and analyse existing and emerging legal issues relating to resource regulation in multiple jurisdictions.
Last updated: 6 December 2019