Data di Pubblicazione:
2017
Abstract:
: The article investigates the issue of asbestos damages compensation in China. Today, China is
a major player in the global market of asbestos production and consumption. Therefore, a large
number of Chinese workers are employed in the asbestos industries and an even larger number
of individuals are exposed to asbestos for non-occupational reasons. Although there is no official
data on the numbers of asbestos-related diseases in China, it is estimated that a significant part of
the population developed asbestos-related diseases and that there will be an augmentation of those
diseases in the future. This article examines the Chinese legal provisions on the prevention, control,
and compensation of asbestos related diseases; both in cases of environmental and occupational
exposures, and analyzes if and when those provisions are applied. This research shows that although
the laws and the regulations enacted by the Chinese government provide protection for those exposed
to asbestos dust, and entitle them to some compensation or indemnity where those exposures caused
damages, the implementation of those rules is actually very difficult, due to a variety of different
reasons. Those reasons can vary from problems in the interpretation and implementation of the laws
and regulations, to difficulties in the access to justice and in the adjudication by the courts, regarding
occupational and environmental damages. In most of these cases, the consequences of these problems
are a poor and inefficient protection of the victims of the asbestos exposures for the damages suffered.
Tipologia CRIS:
03A-Articolo su Rivista
Keywords:
Asbestos damages; Bodily damages; China; Compensation; Environmental damages; Health damages; Law and politics; Law and society; Occupational damages; Geography, Planning and Development; Renewable Energy, Sustainability and the Environment; Management, Monitoring, Policy and Law
Elenco autori:
Coggiola, Nadia
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