China Aviation Law
22Mar/11Off

The Chinese Reaction to the Sendai Earthquake

Japan Quake Tsunami

 

On March 11, 2011, a record-breaking earthquake struck Japan. While damage from the earthquake itself was relatively minor, the north coast of the country was devastated a tsunami that was triggered by the earthquake. Initial estimates peg the damage from the earthquake to be in the thousands of lives and the billions of dollars.

Immediately after the quake, the international community responded by flying relief workers and aid into the country. While most of the international response has been positive, some have used the tragedy to dredge up previous wrongs committed by the Japanese government. Americans on social media sites, like Facebook and Twitter, have expressed comments that the earthquake was karmic payback for Pearl Harbor. However, the most complex, vocal and negative reactions to the quake have come from the Chinese community.

Immediately after the earthquake, the Chinese web-boards lit up with commentary on the disaster. Predictably, there were two themes of commentary on the quake. One group of commentators expressed sympathy for the victims of the earthquake. Another group expressed a negative and celebratory tone about the Japanese earthquake with comments like, “[w]armly welcome the Japanese earthquake.”

Chinese government censors have worked overtime to present the earthquake in the best light to the people. First, when the negative comments were picked up by western blogs in China, these blogs immediately hit with DDOS attacks from within the country. Second, certain positive comments that contrast the resilience and quick response of the Japanese government have been censored. As one comment, which was quickly removed wrote, “[t]he casualties from an 8.9 event in China would be hundreds of times higher than in Japan." Chinese government censors have had a similar schizophrenic response in the wake other recent nation and international tragedies – media coverage of the Chilean miners’ success was downplayed and the Chinese media very quickly buried news of the Yichuan air crash.

 
Finally, the Chinese government has been slow to offer aid to Japan. During the Wen Jiabao’s annual news conference, 4 days after the quake, he did not comment on the Japanese disaster until 2 ½ hours into his presentation. The Chinese have pledged $167,000 in aid and sent a 15 member search and rescue team to Japan. This number has been overshadowed by a $3.3 million pledge by the Taiwanese government and it less than the donations of surrounding countries like Vietnam, Thailand, Philippines, Indonesia, Korea and Mongolia.

Source: http://en.wikipedia.org/wiki/Humanitarian_response_to_the_2011_T%C5%8Dhoku_earthquake_and_tsunami

 
Given the sorted history between the two countries, it is not surprising to see this response from the populace. Those who grew up in China have poignant memories of stories about the Japanese occupation, which are reinforced by annual visits by Japanese Prime Minister to the Yasukuni Shrine war shrine. Additionally, the Japan is in no hurry to accept help from its former enemy as one commentator and Japanese lawyer put it, “we welcome the assistance of the United States but not China.”

Source: http://shanghaiscrap.com/?p=6468

Source: http://www.foreignpolicy.com/articles/2011/03/11/schadenfreude_and_sympathy_in_shanghai

Source:http://www.chinalawblog.com/2011/03/chinas_reaction_to_japans_earthquake.html

8Mar/11Off

China’s Shrinking Rice Bowl – Agricultural Degradation, Land Use Policy, and Administrative Enforcement in China

S2

****This is the second draft of my Seattle Journal for Environmental Law article. I would REALLY like to have some comments on it. As it is a draft, and I am law student, I would recommend you go do your own research before you use my work.****

 

China's Shrinking Rice Bowl 1

Casey DuBose, Seattle Journal of Environmental Law, Draft 2, 3 Mar. 2011

Solving the problem of feeding around one billion people must be continually designated as a high priority in running the country well and maintaining peace.” State Council, 2009.

In 2007, the Chinese Communist Party (CCP) capped 30 years of economic liberalization with a revolutionary land law. 2 This law, the Property Law of the People’s Republic of China, granted the private acquisition of land-use to both foreign and domestic private parties. 3 Starting in 2008, agricultural collectives, which traditionally had limited ability to transfer land use from agricultural to urban or industrial, began to contract with non-agricultural developers, under a similarly revolutionary policy statement - Decision on Certain Issues Concerning the Advancement of Rural Reform and Development. 4 5 These laws had the aim to help flatten the economic disparity between the increasing rich urban population and the increasingly marginalized peasant agricultural class. Their goal was to spur the development of modern agriculture and promote the construction of a “new socialist countryside.”6

Unfortunately, the last 30 years of economic growth has taken a hard environmental and social toll on that countryside. Spurred by a great flood of cheap, migratory labor leaving the agricultural areas, and years of industrial development, agricultural land has been converted to residential, commercial, and industrial land at an unprecedented rate.

This conversion, which has been accomplished through both legal and illegal means, has also affected China's grain security, contributed to increased agricultural pollution, and created large groups of landless migratory workers. Existing laws have provided a framework to limit the conversion of agricultural land, but their language and enforcement is inadequate. Indeed, changes such as the 2008 Decision have inadvertently exacerbated a growing problem of agricultural land destruction. With available arable land at an all-time low and an ever-increased rate of conversion, the Chinese government must make the conservation and regulation of agricultural land a high priority.

FULL TEXT AFTER THE JUMP

30Jan/11Off

China evacuates oppressed Egyptian Chinese – 国航派包机赴开罗执行紧急撤侨任务

There are over 500 Chinese stuck in the Cairo airport. In response, the Chinese Government has sent an Air China A320 to rescue some of them.

The A320 which holds 265 people is staffed by a crew of  6 pilots, 10 stewardesses,  and a compliment of security and maintenance crews.

This begs the question: Is it really a rescue mission if you are evacuated to a country where the populace has fewer rights?

Regardless, it is an unprecedented move by the Chinese government. Air China does not fly to Cairo. They have had to arrange new airspace agreements and fly into an unknown airport all in a short period of time.

Source: http://mil.news.sina.com.cn/s/2011-01-31/1029630874.html

Full Text in Chinese after the break.

30Nov/10Off

China’s Agricultural Land Use Policy: The growing tension between food security and economic growth.

This is the first draft of my Seattle Journal Of Environmental Law comment. While I have tried to stay true to the evidence, it is still a working paper. I'd appreciate any comments.

Casey DuBose

China's New Rice Bowl

Solving the problem of feeding around one billion people must be continually designated as a high priority in running the country well and maintaining peace.” State Council, 2009.

In 2007, the Chinese Communist Party (CCP) capped 30 years of economic liberalization with a revolutionary land law. This law, the Property Law of the People’s Republic of China, granted the private acquisition of land-use to both foreign and domestic private parties. Starting in 2008, agricultural collectives, which traditionally had limited ability to individually transfer their land use from agricultural to urban or industrial, began to contract their rights to non-agricultural developer, under a similarly revolutionary policy statement - Decision on Certain Issues Concerning the Advancement of Rural Reform and Development. These laws had the aim to help flatten the economic disparity between the increasing rich urban population and the increasingly marginalized peasant agricultural class. Their goal was to spur the development of modern agriculture and promote the construction of a “new socialist countryside.”

Unfortunately, the last 30 years of economic growth has taken a hard environmental and social toll on that countryside. Spurred by a great flood of cheap, migratory labor leaving the agricultural areas, and years of industrial development, agricultural land has been converted to residential, commercial and industrial land at an unprecedented rate.

This conversion, which has been accomplished through both legal and illegal means, has effected China's grain security, contributed to increased agricultural pollution, and created large groups of landless migratory workers. Existing laws have provided a framework to limit the conversion of agricultural land, but their language and enforcement is inadequate. Indeed, changes such as the 2008 Decision have inadvertently exacerbated a growing problem of agricultural land destruction. With available arable land at an all-time low and an ever-increased rate of conversion, the Chinese government must make the conservation and regulation of agricultural land a high priority.

Faced with this host of legal, environmental, economic and social problems, China has recently taken strong policy and administrative measures to stem the tide of agricultural land destruction. Recent policy statements by the State council, administrative regulations, and high-profile cases against domestic corporations are the beginnings of a crackdown on illegal use of agricultural land.

While some have argued that these changes are only a temporary crackdown and will not bring lasting solutions to China agricultural problems. I will argue these recent actions represent a shift from unregulated growth to a new era of agricultural modernization and environmental protection.

Continued after the break

15Nov/10Off

China’s National Land Use Policy Outline 全国土地利用总体规划纲要

So, while I'd like to keep this primarily an aviation law site. I am working on an article on agricultural land use in China. It was a real bear to find the full text of this document, and I hope it will be of use to anyone working in this area.

全国土地利用总体规划纲要 (2006-2020年)

目录

前言

第一章 土地利用面临的形势

第一节 土地利用现状

第二节 机遇与挑战

第二章 指导原则与目标任务

第一节 指导原则

第二节 规划目标

第三节 主要任务

第三章 保护和合理利用农用地

第一节 严格控制耕地流失

第二节 加大补充耕地力度

第三节 加强基本农田保护

第四节 强化耕地质量建设

第五节 统筹安排其他农用地

第四章 节约集约利用建设用地

第一节 严格控制建设用地规模

第二节 优化配置城镇工矿用地

第三节 整合规范农村建设用地

第四节 保障必要基础设施用地

第五节 加强建设用地空间管制

第五章 协调土地利用与生态建设

第一节 加强基础性生态用地保护

第二节 加大土地生态环境整治力度

第三节 因地制宜改善土地生态环境

第六章 统筹区域土地利用

第一节 明确区域土地利用方向

第二节 实施差别化的区域土地利用政策

第三节 加强省级土地利用调控

第七章 规划实施保障措施

第一节 加强规划对土地利用的整体控制

第二节 健全规划实施管理制度

第三节 完善规划实施的利益调节机制

第四节 加强规划实施的基础建设

第五节 推进规划民主决策

附表1:耕地保有量、基本农田保护面积指标

附表2:建设用地指标

附表3:园地指标

附表4:林地指标

附表5:牧草地指标

附表6:近期新增建设用地及补充耕地指标

前言

为了深入贯彻科学发展观,切实落实十分珍惜、合理利用土地和切实保护耕地的基本国策,更好地统筹土地资源的开发、利用和保护,促进国民经济又好又快发展,依据《中华人民共和国土地管理法》等法律法规和国家有关土地利用的方针、政策,在《全国土地利用总体规划纲要(1997-2010年)》基础上,制定《全国土地利用总体规划纲要(2006-2020年)》(以下简称《纲要》)。

《纲要》主要阐明规划期内国家土地利用战略,明确政府土地利用管理的主要目标、任务和政策,引导全社会保护和合理利用土地资源,是实行最严格土地管理制度的纲领性文件,是落实土地宏观调控和土地用途管制、规划城乡建设和各项建设的重要依据。

《纲要》以2005年为基期,以2020年为规划期末年。《纲要》的规划范围未包括香港特别行政区、澳门特别行政区和台湾省。