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from Part IV - China, Courts and Climate Change
Published online by Cambridge University Press: 06 November 2020
While there has been climate change litigation in the United States, European Union and twenty-six other countries, it is notable that China is missing from this trend. Nevertheless, recent legal developments in China show that the country is opening its doors to climate change litigation. This chapter engages in a theoretical analysis of the prospects for climate change litigation in China. It canvasses potentially available forms and types of claims for climate change litigation in China, with analysis focusing on China’s current legal framework as well as utilizing empirical evidence from other countries’ climate change litigation experience and China’s progress in other types of environmental litigation. The chapter also analyses the factors that are either obstacles or impetuses for promoting climate change litigation, and provides an overall assessment of the prospects for climate change litigation in China. The chapter concludes by making some proposals for China to further its legal initiatives and reforms to advance climate change litigation.
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