Academic journal article Journal of Politics and Law

Anti-Desertification Legislation and Ecological Problems in Xinjiang China

Academic journal article Journal of Politics and Law

Anti-Desertification Legislation and Ecological Problems in Xinjiang China

Article excerpt

Abstract

Desertification (transformation of arable or habitable land to desert) is one of the serious environmental problems and has attracted worldwide attenntion. Apart from its threat on the living environment, desertification has also been an obstacle to social stability and global economy. China the oldest continuous major world civilization, a population of more than 1.3 billion and a territory of 9-6 million km2, is one of the most severely desertified countries in the world. Desertification is especially severe in Xinjiang Uyghur autonomous region of China. However, the legislation,enforcement and jurisdiction of law in terms of anti-desertification in Xinjiang is seriously flawed, as a result of planned economy and are not consistent with the market economy. Aim of this study is to evaluate the desetification problem in Xinjiang, and analyze the problem of desertification from the perspective of law. This research starts with the investigation of desertification in Xinjiang with reference to legislation and enforcement of law in terms of desertification in other countries. Legislation analysis with regard to the anti-desertification legislation of Xinjiang are discussed. There is no clear delineation of responsibility between administrative and other departments in the current anti-desertification reginal law system in Xinjinag. Reginal legislation lacks systematic protection. The main body of resource management is not clearly defined and regulations concerning finançai support are not reasonable. The anti-desertification in Xinjiang lack of support in terms of ecological protection.

Keywords: Xinjiang, eco-environment, desertification, legislation, problem, counter-measure, law, policy

1. Introduction

1.1 Introduction of Problem

Sustainable development concept blends the man and environment based on the equity of the new ethical values and ethics, governed by the ecological law and morality (William Leiss, 1993). The concept of sustainable development is violated by the accelerated degradation of the environment. Desertification is one such example. Desertification (transformation of arable or habitable land to desert) is one of the serious environmental problems and has attracted worldwide attention. Apart from its threat on the living environment, desertification has also been an obstacle to social stability and global economy. Proper legislation should be in place to manage this menace of desertification. Anti-Desertification Legislation has its base from environmental law. Its main purpose is to protect social values in the statute made on the performance and response and deals with the development and implementation of laws, legal interpretation and application of the guiding principles and theoretical basis that govern this legislation.

The ultimate purpose of anti-desertification environmental legislation should be based on the values of sustainable development, achieving a harmonious development between man and nature, and protect human and ecological interests (Shi Yucheng, 2005). With a territory of 9*6 million km2, China is one of the most severely desertified countries in the world. Desertification is threatening the lives of close to 400 million people and has affected about 3.3 million km2 of land (Kram et al, 2012).

Desertification is caused by a combination of factors that change over time and vary by location. These include indirect factors such as population pressure, socioeconomic and policy factors, and international trade as well as direct factors such as land use patterns and practices and climate-related processes resulting in the unsustainable use of scarce natural resources. This may lead to decreased land productivity and a downward spiral of worsening land degradation and poverty. Recurrent dust storms, now a day, have emerged as one of the most critical concerns arising from the manmade ecological imbalance in China. The frequent occurrence of dust storms has been attributed to both deforestation and the changing environment in the areas adjacent to Gobi desert system like Xinjiang autonomous region (Menon et al, 2002). …

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