On the Evolution on Chinese Environmental Law and Governance

10 Pages Posted: 23 Oct 2019

See all articles by Alex Wang

Alex Wang

University of California, Los Angeles (UCLA) - School of Law

Date Written: October 13, 2019

Abstract

In 1997, William Alford and Yuanyuan Shen published an article entitled Limits of Law in Addressing China’s Environmental Dilemma (“Limits of Law”) in Stanford Environmental Law Review. Alford and Shen wrote this article in the early to mid-1990s at a time of rapid, yet still relatively newfound, legal construction in China. They observed that “the Chinese state has increasingly turned to public, positive law to address important concerns,” as if the development were still somewhat of a surprise. The chaos and lawlessness of the Cultural Revolution, once praiseworthy to some, had given away to active and energetic efforts to experiment with all manner of governance reforms, including the reconstruction of a comprehensive legal system. But, as the title of the Alford/Shen article suggested, these efforts at rebuilding law faced strong political, economic, social and legal headwinds that limited the usefulness of law in achieving environmental goals.

Over the last decade or so, China has dramatically increased the political priority of a particular vision of sustainable development (what official Party rhetoric has called “the construction of ecological civilization” 生态文明建设). But China’s particular approach to achieving “eco-civilization” remains inadequately understood. Eco-civilization reforms are state-led, technocratic, and focused on “top-down design” (顶层设计). At the same time, reforms have incorporated transparency, public participation, and market-based tools to varying (but in most respects still limited) degrees. These reforms have also emerged so quickly and in such volume that scholars and researchers have struggled to determine their actual performance in practice.

This brief essay identifies the reform activities that have accompanied the eco-civilization push and identifies issues raised by the direction of Chinese environmental reform.

Keywords: China, environment, environmental regulation, rule of law, legal reform

Suggested Citation

Wang, Alex, On the Evolution on Chinese Environmental Law and Governance (October 13, 2019). Available at SSRN: https://ssrn.com/abstract=3469184 or http://dx.doi.org/10.2139/ssrn.3469184

Alex Wang (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
1242 Law Building, Room 3382
Los Angeles, CA 90095-1476
United States

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