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Sustainability 2017, 9(8), 1431; doi:10.3390/su9081431

The Rough Path to the Compensation of Asbestos Damages in China

Department of Management, Università degli Studi di Torino, 10134 Torino, Italy
Received: 26 June 2017 / Revised: 10 July 2017 / Accepted: 29 July 2017 / Published: 16 August 2017
View Full-Text   |   Download PDF [285 KB, uploaded 24 August 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. View Full-Text
Keywords: China; asbestos damages; compensation; bodily damages; health damages; occupational damages; environmental damages; law and society; law and politics China; asbestos damages; compensation; bodily damages; health damages; occupational damages; environmental damages; law and society; law and politics
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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Coggiola, N. The Rough Path to the Compensation of Asbestos Damages in China. Sustainability 2017, 9, 1431.

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