This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.
‘Yun Ma’s fascinating book examines how China and the United States manage national parks and other protected areas. The study of China is especially important because the various classes of protected areas there are relatively new and little understood. Her account of traveling to southwestern China to visit Pudacuo National Park, the country’s first, demonstrates how even local officials often know far less about such protected areas than we would expect.’
John C. Nagle, University of Notre Dame, USA
‘This important comparative study of how US and Chinese legal institutions address national park recreation controversies offers valuable insights into the role law, politics, and economics play in shaping each nation’s nature conservation policies, while providing a realistic assessment of the many challenges park managers face in both countries.’
Robert B. Keiter, University of Utah, USA and author of To Conserve Unimpaired: The Evolution of the National Park Idea
‘The "Protected Area" is a very important field of environmental law in China, but one somehow lacking due consideration. This book presents one of the earliest comprehensive studies on protected areas from a legal perspective. By comparing the situation in China with that in the US, the author provides many constructive suggestions for improving Chinese law.’
Tianbao Qin, Wuhan University, China
‘This book is a remarkable achievement in enhancing our understanding of how the law can be instrumental in conserving natural beauty. Yun Ma’s in-depth study of two large jurisdictions, China and the US, convincingly demonstrates that this can be achieved by an aggregation of various branches of law, not just environmental law but also administrative law, criminal law, property law and international law.’
Nico Schrijver, Leiden University, The Netherlands
Preface; Introduction. Part I Conflicts in Theory: Concepts, Institutions and Rationale: Schemes of protected areas: historical, structural and institutional perspectives; Resolving conflicts in protected areas: rationale, principles and the institutional approach. Part II Country Studies - United States: The legal framework of protected areas in the United States; The formation of conflicts in public land designation and management; Resolution of conflicts in legislation and policies: assessing the legal foundations; Resolution of conflicts: a judicial perspective. Part III Country Studies - China: The legislative and policy frameworks of protected areas in China; The formation of conflicts in the designation and management of protected areas in China; The resolution of conflicts in law and practice in China; Pudacuo National Park and beyond in Yunnan Province: national parks envisioned and national parks in practice; Comparative observations, conclusions and recommendations; Appendices; Bibliography; Index.
There is no doctrine more effective than the rule of law in portraying the complex transformation of Chinese society from the rule of men towards the rule of law - a process inaugurated in post-Mao China which is continuing to advance legal reforms to the present day. In other parts of the world, striving for the rule of law is also evident: countries in transition face a similar mission, while the developed democratic countries are forced to tackle new challenges in retaining the high benchmark of the rule of law that has been established.
Research on the legal system in China and in comparison with other countries in the framework of the rule of law covers broad topics of public and private law, substantive law and procedural law, citizens’ rights and law enforcement by courts. Based on this broad understanding of the rule of law, the series presents international scholarly work on modern Chinese law including: comparative perspectives, interdisciplinary, and empirical studies.