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An account of everyday justice and the factors that shape it in the battle to seek legal relief for environmental pollution in China.
This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.
Analysis of Chinese environmental law with a focus on the development in statutory regulation, institution building and judicial innovation.
China has industrialized and urbanized at unprecedented scale and speed since its economic take-off began in the 1980s. It has become the world's second largest economy, but pollution has pushed the environment to the limits of its carrying capacity. Chinese Environmental Law provides a comprehensive and structured analysis of the increasingly sophisticated Chinese environmental legal regime. It examines the regulation of pollution in detail, covering key environmental statutes, policies and plans, and investigates judicial innovation in the interpretation and application of environmental legal instruments. The book presents Chinese environmental law in action and in context. By discussing key institutions and processes, readers will understand the operation of the environmental law and policy, the dynamic interactions between state and non-state actors, and the special challenges to the implementation and enforcement of environmental law in the socio-economic and political context of China.
This book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time, it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China.
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China’s pollution problems. By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China’s environmental protection and efficiently tackle pollution. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in China. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting China. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.
This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.
This is a dissertation about lawyers, judges, international NGOs and legal action in an authoritarian state. The state is contemporary China. The type of legal action is civil environmental lawsuits, as when herdsmen from Inner Mongolia sue a local paper factory over poisoned groundwater and dead livestock or a Shandong villager demands compensation from a nearby factory for the noise that allegedly killed 26 foxes on his farm. Empirically, this is a close-to-the-ground account of everyday justice and the factors that shape it. Drawing on fifteen months of field research in China, along with in-depth exploration of four cases, legal documents, government reports, newspaper articles and blog archives, this dissertation unpacks how law as litigation works: how judges make decisions, why lawyers take cases and how international influence matters. Conceptually, civil environmental lawsuits illustrate one pathway between litigation and social change in China and, by implication, possibly other illiberal states. With the exception of the first chapter, each chapter introduces a new actor's perspective on the interaction between state signals and legal professionals' response. The key theme, which cuts across chapters on the state, judges, lawyers and international NGOs, is what I call political ambivalence: conflicting official (or quasi-official) signals regarding the desirability of certain types of citizen action. Simultaneous impulses to promote law but control courts, to protect the environment and yet pursue economic growth, generate a medley of statements, cases and regulations that do not necessarily concord. For legal professionals on the ground, these mixed messages translate into a degree of opportunity. Without official sanction or intent, conflicting signals crack open enough political space to allow limited judicial innovation (chapter 3), legal activism (chapter 4), sustained international encouragement (chapter 5) and policy promotion (chapter 6). Even on tough terrain, political ambivalence over law can provide a limited opportunity to probe new roles and, in so doing, gently push the limitations of political tolerance.
As the dazzling economic and social changes in China have imposed substantial impact upon the quality of environmental governance, it is time to review the problems and progress in the politics of China''s environmental protection. This book analyzes the factors in China''s governance and political process that affect and restrain its capacity to handle the mounting environmental problems. It argues that solutions to China''s ecological woes to a larger extent lie in the political and institutional changes rather than in engineering, technological and investment input. The book talks about new policies and reform measures in the green area taken by the government since 2007, arguing that some of them may be quite effective in the long run, as long as they alter institutional factors and the OC growth-firstOCO mindset that obstruct the green effort. The book also includes discussion of China''s climate change policy not only because global warming has come under the limelight of the international community in recent years, but also because it offers a unique dimension to analyze the country''s environmental diplomacy and domestic bureaucratic structure on emissions cutting and related energy issues. China is currently at the crossroads of further political and economic reform, and the intensified public attention to environmental pollution may help the Chinese Communist Party to decisively push forward the long-sluggish political reforms.