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2 results

Chinese Environmental Law
  • Yuhong Zhao
  • Published online:
    16 June 2021
    Print publication:
    17 June 2021
  • 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.

  • 1 - Uncommon Law: Judging in the Anthropocene

  • from Part I - Theoretical Underpinnings and Implications of Climate Change Litigation
  • Edited by Jolene Lin, National University of Singapore, Douglas A. Kysar, Yale University, Connecticut
  • Book:
    Climate Change Litigation in the Asia Pacific
    Published online:
    06 November 2020
    Print publication:
    29 October 2020, pp 15-37

  • Summary

    The origin story of environmental law begins with judges working valiantly to protect the environment, but ultimately, out of an apparent necessity, passing responsibility to legislators and regulators. There is truth to the story, but it ignores important aspects of the demonstrated expertise, creativity, and dynamism of common law judges. Given the trajectory of the environmental law narrative, judges today too anxiously defer to legislative and regulatory policy, and we have come to expect and sometimes champion, this shirking of environmental responsibility.The logic of judicial deference is unpersuasive in an age where legislators and regulators also struggle to address environmental issues like climate change. This chapter urges that, instead of minimizing the role of judges, there is immense need to rediscover the possibilities of common law and other judge-made tools of environmental protection.  There is need to write a new origin story in which courts, legislators, and regulators carry shared responsibility.