Environmental Law in China through the Lens of the European Model (original) (raw)
Related papers
European Union and Chinese environmental protection - Some comparative elements
2020
China and the European Union (EU) are two of the three largest economies in the world 2. China is the EU's second biggest trading partner behind the US, and the EU is China's biggest trading partner 3. Both have tried, for years, to establish a framework for this cooperation. « Connecting EU and China » 4 : the political exchanges which occurred in march 2019 in Europe show a real will to further connections on both sides. The stakes are extremely high, but the differences between the two are equally phenomenal. In a Communication made famous by the European press, the European commission describes China as a « systemic rival promoting alternative models of governance » 5. A main issue is established: the model of governance in China is profoundly different from that in Europe. In fact, the entire legal culture is truly distinct. This is a big challenge for the EU in its intention to be more connected to China. The cooperation between the two economic giants began in the 1970's, and revealed a large scope of issues, particularly in the area of governance. For legal scholars, the European Union and China are usually seen as profoundly different legal systems. The European Union is considered a member of the continental legal system. China is a member of the socialist family, and, more widely, a member of non-western legal systems 6. Some scholars in comparative law, such as authors from the relativist approach, refute this kind of comparison due to the significant differences between the backgrounds and characteristics of these two legal systems 7. Indeed, the European legal basis is far removed from that of China, both in the aspects of the foundations of the state power or the role of legal rules in society. However, the central place of China in international exchanges and specifically in Europe creates a real need to learn more about the new first economy of the world. It appears as a main issue for comparatist scholars 8. Moreover, one legal field seems to bring these legal systems closer together: environmental protection. Despite profound differences in the foundations of these legal systems and a cultural interconnection between Society and Nature which is truly distinct, European and Chinese legal systems show some similarities. A common political objective is clear: the aim is to promote
Environmental Law with Chinese Characteristics
William Mary Bill of Rights Journal, 2003
(2002-2003). For comments, I thank participants in the symposium on the Rule of Law in China at William and Mary School of Law and students at Wharton who heard various early versions of some of the ideas presented here. In particular, I thank
China and Global Environmental Governance
Cambridge University Press eBooks, 2021
views expressed are my own and do not necessarily reflect the positions of my university or any of its components. Unless otherwise indicated, translations of Chinese law provisions are not official.
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For more than two decades, under the imperative of 'developing the country at all costs', local governments in China have allowed developers and industrialists to set up polluting industries which have had deleterious effects on citizens' health and the natural environment. However, China appears to have entered a new phase of determined and concerted efforts on the part of both the authorities and the public to tackle environmental problems. The articles in this special issue of China Information examine the main strengths and weaknesses of China's current system of environmental governance. The central questions linking the case studies reported here are concerned with whether and how environmental policies formulated at the central level are implemented at the local level and how different agents and interests, making use of the available legislative means, influence this implementation process. Engaging a range of political, economic, social and cultural perspectives, the five contributions in this collection concentrate on two broad issues: resolution mechanisms for public participation in environmental governance and the actual enforcement of environmental regulations.