Law School, Xiangtan University, Xiangtan 411105, Hunan, China.
J Environ Public Health. 2022 Aug 25;2022:2514373. doi: 10.1155/2022/2514373. eCollection 2022.
It is a common problem faced by countries in the process of industrialization and urbanization that citizens oppose the construction of negative externality facilities near their residence. Environmental right is one of the basic rights enjoyed by citizens and also an important part of human rights, allowing citizens to participate in their own environmental use decisions and defend their own environmental rights and interests against infringement. This paper focuses on the basic environmental rights of citizens, essentially defines the NIMBY movement as a movement for justice in which citizens advocate for equal environmental rights and interests, and analyzes the movement's rationale or the fundamental environmental rights of citizens. Disregard for citizens' substantive and procedural environmental rights and interests is linked to NIMBY movements. At the same time, compared with the traditional campaign-styled governance paradigm, the sustainable development governance emphasizes joint negotiation and multiple interactions, which can better maximize the environmental benefits of the whole governance cycle. Therefore, this paper discussed the governance path of NIMBY from two dimensions: determining the boundaries of citizens' substantive environmental rights and interests for enhancing their sense of identity and protecting citizens' procedural environmental rights and interests by laying more emphasis on the sustainable governance of NIMBY movements.
这是一个在工业化和城市化进程中，各国普遍面临的问题，即公民反对在其居住地附近建设具有负外部性的设施。环境权是公民享有的基本权利之一，也是人权的重要组成部分，它使公民能够参与自己的环境使用决策，并捍卫自己的环境权益不受侵犯。本文关注公民的基本环境权利，实质上将邻避运动定义为一场正义运动，即公民倡导平等的环境权益，并分析该运动的合理性或公民的基本环境权利。对公民的实质性和程序性环境权益的漠视与邻避运动有关。同时，与传统的运动式治理范式相比，可持续发展治理强调联合协商和多方互动，这可以更好地最大化整个治理周期的环境效益。因此，本文从确定公民实质性环境权益的边界和通过更加强调邻避运动的可持续治理来保护公民程序性环境权益这两个维度来讨论邻避的治理路径。
