Waste Management Law and Policy in Taiwan: A Case Study in Comparative Environmental Law.

Abstract

The purpose of the thesis is twofold. First, the dissertation examines the state of waste management laws and regulations in Taiwan (the Republic of China). Secondly, it considers whether the waste management laws and regulations of England and Wales may serve as effective models for assisting Taiwan to develop a more comprehensive waste management law. This study is primarily focused on the legal and practical aspects of waste management laws and regulations in Taiwan, which for many years has been recognised as a significant problem Key areas of legal reform are argued to be the adoption of integrated pollution prevention control towards waste management, liability in relation to contaminated land, concerns regarding duty of care, and the development of an effective and fair system of dispute resolution for resolving environmental disputes. The thesis begins with an overview of the major developments in the waste management field in Taiwan. The current status of environmental protection and the relevant administrative framework will be considered, The thesis then discusses the implementation of environmental laws in Taiwan. Solid waste disposal management and pertinent pollution control will be carefully analysed. Subsequently, consideration is given to the issues of special problem of radioactive waste, dispute settlement and 'sustainable development' in Taiwan. A selective examination of the waste management laws and regulations of England and Wales that might provide inspiration for a more cohesive and integrated environmental protection regime in Taiwan are used as a basis to propose a number of law reforms. For instance, legislative measures for the remediation of contaminated land are suggested. The regime of duty of care is drawn upon to recommend the amendment of existing Taiwanese waste management laws to include a liability section. The integrated pollution prevention control system found in England and Wales is better than that provided by existing environmental legislation in Taiwan. The urgent need for legal development regarding the effective use of alternative dispute resolution to resolve environmental disputes in Taiwan. Further, greater public participation in environmental decision and rule making is also proposed. The thesis advances knowledge through its examination of the current state of waste management laws and regulations in Taiwan. At the same time, the dissertation makes a contribution to comparative law in as much as it considers the manner in which the waste management laws and regulations of England and Wales may serve as effective tools for the reform of the environmental regulatory regime on Taiwan.