The environmental obligations undertaken by private subjects exist in both public law and private law,and the environmental obligations in the private law dimension are centrally embod-ied in the green provisions and especially the green principle of Civil Code.The environmental obli-gations in the private law are secondary and exogenous obligations formed on the basis of environmen-tal obligations in the public law.The environmental obligations in the private law also fit the logic of publicization and ecologization of private law,and can be regarded as a representative manifestation of the co-governance between public law and private law in the field of environmental protection.The environmental obligations in private law have the dual effect of behavioral norms and adjudication norms,but may also lead to the erosion of public law on private law,the devouring of public interest on private interest,the abuse of judicial discretion and many other dilemmas.In view of this,the ju-dicial application of the environmental obligations in the private law should be maintained in a modest and restrained attitude.On the one hand,it is necessary to distinguish the boundary between the ef-fectiveness of environmental obligations in the public law and those in the private law.On the other hand,the field and extent of judicial effectiveness of the environmental obligations in the private law should be limited through three steps of identification of private law norms,argumentation of the weighing of interests and testing of the principle of proportionality.
Environmental Obligations in the Private LawCivil CodeGreen PrinciplePub-licization of the Private Law
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