RESOURCES AND ENVIRONMENT IN THE YANGTZE BASIN >> 2020, Vol. 29 >> Issue (11): 2335-2344.doi: 10.11870/cjlyzyyhj202011001

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On Constructing the Rule of Law of Natural Resources Based on the Concept of Life Community:A Nexus Perspective

XU Sheng-qing 1, HU De-sheng 2   

  1. (1. Law School, Northwest University, Xi’an 710127, China;2. Law School, Chongqing University, Chongqing 400044, China)
  • Online:2020-11-20 Published:2020-12-17

Abstract: The rule of law of natural resources is an important facilitating measure and institutional guarantee for the construction of ecological civilization. However, its realization can not be achieved without the integrated and organic combination of scientific knowledges of different disciplines, in particular theories and methodologies between natural sciences and social sciences, together with the theories of rule of law. The scientific nature of the rule of law in natural resources area is an essential requirement of respecting the laws of nature, economy and society. Employing the nexus approach into the natural resources management is a necessary choice to realize the concept of life community of mountains, rivers, forests, fields, lakes and grasses, etc., and it also provides an important path for analyzing the scientific nature of the rule of law in the field of natural resources. Applying the research methods of literature review and nexus study, based on the China’s actual national conditions and objective needs, this paper studies how to construct the rule of law of natural resources in China following the concept of life community with a nexus perspective. The finding is that, in order to realize the rule of law of natural resources from the perspective of nexus governance approach, effective and efficient measures should be taken by China at least from the following three aspects, i.e., (i) adding nexus clauses in the departmental legislations so as to integrate departmental legislations and change the status quo of separatism of the current departmental legislations, (ii) establishing systems and mechanisms for collaborative governance of natural resources for promoting effective cooperation among different departments concerning various aspects of natural resources management as well as increasing efficiencies in the cooperative process, and, (iii) securing the achievements acquired by implementation of nexus approach through multi-subjects participatory governance for the sake of promoting public participation and consciously following the rule of law while realizing democracy.

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