Judicial Application of Carbon Sink Purchase to Bearing Eco-Environmental Damage Liability:A Dual Perspective Approach
Carbon sink purchase is a method of taking accountability for eco-environmental damage,which is in line with China's effort to achieve"carbon peaking and carbon neutrality"goals.Its varied approaches in practice suggest a dual perspective in the judicial application:the restoration liability for eco-environmental damages and the compensation liability for eco-environmental damages.From the perspective of the restoration liability for eco-environmental damages,carbon sink purchase can not only achieve targeted restoration of eco-environmental damages,but also conform to the application logic of restoration liability prioritization,as a pioneering alternative restoration method.However,its applicability is limited to eco-environmental disputes which will probably increase carbon losses or carbon emissions.From the perspective of the compensation liability for eco-environmental damages,carbon sink purchase,in some judicial cases,demonstrates excessively interpretive judicial activism that deviates from the main theme and logical coherence as a method of compensation payment.Carbon sink purchase works as a novel form of interpretive judicial activism within the legal framework for eco-environmental damage liability.In this paper,we analyze its judicial application from a dual perspective,and therefore advocate perspective correction under interpretive judicial activism.We propose that,in the judicial application of carbon sink purchase,the eco-environmental restoration should be maximized and in line with the application logic of"the restoration liability is the priority,while the compensation liability is the last choice".The application method should be determined in combination with eco-environmental restoration strategies,following the principle of"prioritizing quantitative conversion over value conversion"to calculate the value of carbon sink.Additionally,the carbon sink of the same type should be purchased on the basis of regulated transaction through the well-performing trading platforms.
carbon sink purchasealternative restorationrestoration liability for eco-environmental damagecompensation liability for eco-environmental damage
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