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The rough path to the compensation of asbestos damages in China

Articolo
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
Autori di Ateneo:
COGGIOLA Nadia
Link alla scheda completa:
https://iris.unito.it/handle/2318/1647407
Link al Full Text:
https://iris.unito.it/retrieve/handle/2318/1647407/358878/sustainability-09-01431-v2.pdf
Pubblicato in:
SUSTAINABILITY
Journal
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URL

http://www.mdpi.com/2071-1050/9/8/1431/pdf
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