1-cai-shouqiu--environmental-governance-and-sustainable-development.ppt

environmental management principle and requirements

1. Environmental Governance and
Sustainable Development
Achievements, Drawbacks and Further Development
of Environmental Law in China
CAI Shouqiu
Professor in Law, Wuhan University
President of China Environmental Law Society
[email protected]

2. Outline
–Achievements of environmental law in China
–Drawbacks of environmental law in China
–Further development

3. Achievements of EL in China
Prominent achievements in environmental law in
China have been gained since the foundation of this
country in 1949, particularly since Reform and
Opening up in 1978.

4. –1. Environmental legal system,horizontally and vertically,
has been built up
–10 pieces of laws on pollution control
–14 pieces of laws on nature conservation and resource
(including energy) utilization
–20 pieces of other relevant law
–1600 pieces of departmental rules and resolutions
–10 pieces of military law and regulations
–1100 pieces of national standards on environmental protection

5. –60 treaties on environmental protection and nature
conservation
–40 pieces of bilateral environmental agreements and
memorandum of understanding on environmental
affairs
–10 bilateral environmental agreements or
memorandum of understanding on nuclear safety

6. –Special committees ,say Committee on Environment and Resource, which are in
charge of environmental legislation and related issues are set up by National
People’s Congress and Chinese People’s Political Consultative Conference.
–Ministries and committees specifically responsible for the functioning of
environmental law are also established in State Council.

7. –2．Sustainable development, which is
characterized by integration, environmental
democracy, ethic concern, and economic tools
within the social and cultural context in the
country, has become a guiding notion for
environmental law in China.

8. –Priority of environmental law in ensuring sustainable
development
–New concepts such as prevention, precaution, life-
cycle management, clean production, source
control, quantity management and recycling
economy all demonstrate China’s objective and
practical endeavors to sustainable development.

9. Sustainable development is depicted in some legal
documents
–China’s Agenda 21: White Paper on China’s Population, Environment,
and Development in the 21st Century
–Land Administrative Law of P. R. C
–Marine Environment Protection Law of P. R. C (revised in 1999)
–Law of P. R. C. on Prevention and Control of Atmospheric Pollution
(revised in 2000)
–Law of the P. R. C. on Prevention and Control of Desertification (2001)
–Law of P. R. C. on cleaner production (2002)
–Law on EIA (2002), Law of P. R. C. on Prevention and Control of Water
Pollution (revised in 2008)
–Water Law (revised in 2002)
–Law on Promotion of Recycling Economy (2008)

10. 3. The emergence of environmental governance in
China
Article 6 of the Environmental Protection Law of P. R. C. stipulates that every
individual and entity has a duty of care for environment, they also have the right to
accuse polluters and those who brings other damages to the environment. This is
the principle base for public participation in environmental protection.

11. –China’s Agenda 21, Decision of the State Council on Several Issues of Environmental
Protection (1996), Legislation Law (2000), Regulation on Procedure of Making
Administrative Regulation (2001), Regulation on Procedure of Making Rules (2001),
Regulation on Disclosure of Government Information (2007), Interim Measures on
Disclosure of Environmental Information (2007), Environmental Protection Law and
so force have provisions on public participation and environmental information
disclosure.

12. –Interim Measure on Disclosure of Environmental Information enacted on April 4th,
2007 provides the administration, principle, scope and procedure with respect to
environmental information disclosure. It also explicate requirement of information
disclosure by industries, and the inspection need.

13. 4．Basic principles and basic regulatory regime are
gradually developed
–integration of economic, social and environmental concerns; integration of
exploitation, utilization, protection and improvement; precautionary and
preventative principle; PPP; Principle of public participation
–environmental standard; Environmental Impact Assessment; administrative permit;
mandatory construction of pollution control facilities; emission registration; fixed-
time treatment; environmental emergency response etc..

14. 5．Roles of environmental law in environmental
protection, New-society construction and international
environmental corporation
–Provides legal basis for environmental government of the
country
–Protects citizens from pollution, resource shortage and other
environmental degradation
–Integrates economic, social and environmental dimensions
–Educates people and helps to improve their environmental
awareness
–Offers foundation to corporation within international
community

15. 6．Environmental law education in China
In nowadays China, environmental law has become a new, cross-cutting whereas
independent discipline. Since 1970s, it was growing as one of the most active areas
in legal research and education. Special regulative system, concepts and theoretic
framework come into place in the last few decades.

16. –67 master degree programs and 15 doctoral degree programs in environmental law
are established up to 2008;
–1,000 graduate students for master degree and another 100 for doctoral degree
enroll every year;
–Environmental Law Society have successfully hold 11 annual conferences with more
than 200 participants;
–100 professors and several hundreds of associate professors, lecturers and
doctorate students;
–Research Institute of Environmental Law, co-founded by State Environmental
Protection Administration (renamed as Ministry of Environmental Protection in
2008) and Wuhan University is a National key Discipline as well as Key Research
Institute of Humanities and Social Science approved by MOE.

17. Drawbacks of EL in China
1. Drawbacks in Environmental legislation
–Incomplete environmental legal system
–Regulatory gap and weakness
–Unenforceable provisions
–Insufficient regulation on governmental behavior
–Ignorance to environmental governance and environmental
good governance
–Weak government environmental responsibilities
–Too nice to offenders

18. –2. Drawbacks in functioning of environmental law
–Not all the laws and regulations are complied with, not all
of them are strictly implemented, not all behaviors against
the law are prosecuted
–Heavily fragmented administration.
–Over-reliance on power overshadows faith in law.
–Outside disturbances, such as bribe, pressure or private
relationship result in defective functioning of
environmental law in China.

19. –The courts’ role within the process is far from satisfactory.
–Unregulated governmental liability and environmental localism are two
prominent barriers.
–Disobedience to environmental law prevails in current China.

20. Further development
–1．Environmental legislation
–Umbrella environmental legal system
–Current Environmental Protection Law of P. R. C
–New legislations on soil pollution, chemical management, wetland protection,
natural reserve, coast management, animal protection, river catchment
management etc.

21. –2．Implementation of environmental law
The environment and its environmental protection administration keeping on
dominating implementation of environmental law. However, transparency,
accountability and efficiency are challenges that they have to be faced with.

22. –2．Implementation of environmental law
The government and its environmental protection administration keeping on
dominating implementation of environmental law. However, transparency,
accountability and efficiency are challenges that they have to be faced with.

23. Since 2004, environmental courts were set up successionally in several provincial
and local courts in Hebei, Guizhou, Jiangsu and Yunnan province.
It is worth mentioning that environmental policemen came into being in Kunming,
Yunnan province in last year.

24. –Up to October 2008, 3539 environmental organizations have been set up in China,
including Hong Kong, Macau, and Taiwan. 1309 of them are sponsored by
government; 1382 of them are school oriented; 508 of them are grassroot
environmental organizations; 90 of them are division of international environmental
organizations.
The total number was increased by 771 compared with that in 2005. 300 grassroot
environmental organizations, mainly lying in Beijing, Hubei, Yunnan and Xizang,
were also established in the same two years.

25. –3．Future development in environmental research
A transcendence from Subject-object Dichotomy rooted in modern science and
society to paradigm of Subject-object Integration (Subject-object holism) is vital to
future environmental law research. Subject-object dichotomy is characterized by
artificial division between self-other, human beings and other beings, idea and
matter, I-thou relationship and relationship with other beings. Subject is
mechanistically equivalent to human beings and object is to other beings. A
conceptual confusion between subject/object and human beings/other beings is
embedded in this metaphysics. If we explore the core of it, we will notably find
anthropocentrism and human chauvinism.

26. –The conversion from economic man, subjective man to ecological man helps to
escape from worship of economic growth, superstition of absolute power of human,
and both of which undoubtedly result in imbalance between human and nature.

27. The construction of Harmonious Society，Ecological civilization, Resource-
Efficient Society, Environment-Friendly Society and Cycling economy Society
provides solid background and deep insights for environmental law research. One of
them is incorporation of environmental law and environmental ethics.

28. –Further research on the guiding notion, basic concepts and basic principles of
environmental law is needed.

29. –Further research on comprehensive regulatory mechanisms of environmental law
including administrative regulatory mechanism dominated by government, market
mechanism led by enterprises and social mechanism mainly operated by Non-
governmental Organizations should be enhanced. Ecological regulatory method and
mechanisms in environmental law within the context of environmental governance
and good governance is one of the most important ways forward.

30. –Integrated Ecosystem Approach, specified into Integrated Ecosystem Management
in environmental law and bases on modern theory of Ecology and Governance is a
critical application of ecological regulatory methods and mechanism.

31. –Researches on regulatory regime, environmental legal responsibilities, particularly
government environmental responsibilities, public participation and so force need to
be further enhanced. Environmental liability aiming to prevent and remedy
environmental damages should be paid special attention to among other.

32. Thanks for your attention!