A Review of the Legal System of Chemical Substances in Taiwan: From the Perspective of the Observation on the German Law

A Review of the Legal System of Chemical Substances in Taiwan: From the Perspective of the Observation on the German Law

 

Title
A Review of the Legal System of Chemical Substances in Taiwan: From the Perspective of the Observation on the German Law
Author
Ling-Ching Fu
Keywords
German Act of Chemicals, Act of Toxic Chemicals, Residual Risk, Precautionary Principle, Environmental Information Disclosure
Abstract
The legal system of chemicals involves the control of pollution, the regulation
of product safety, and the protection of consumers as well as labours. In addition it
also means a legal system of risk management of chemicals. As a result, the legal
system of chemicals is not in essence a specific law field, but belongs staggered to
different law fields. With an administrative court judgment as example, we will
realize that the relationship between the Act of toxic chemicals and the Act of the
protection against air pollution in Taiwan is not distinct to understand. Through the
study on the legal system in Germany, the difference of the two Acts will be
clearer. The influences of the American law and the European REACH Directive
on the Act of toxic chemicals in Taiwan are clarified through the examination of its
legislation and amendments. The Act of toxic chemicals should play a predominant
role theoretically for the gathering, analysis and management of informations of chemicals. Unfortunately the essence of the Act of toxic chemicals is not properly
met. On the other hand, the faults are not improved in the amendment draft 2012.
Even the importance of the environmental information disclosure for the legal system
of chemicals is still not met. All of these can cause allegations against the
amendment draft 2012. In order to improve the legal system, the author notes in
this essay the faults of the Act of toxic chemicals in Taiwan and point out the way
for the next amendment.
Abstract Article

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