Environmental Law Codification in China

Beschreibung

This book stems from series of research seminars and projects held at leading Chinese law schools and environmental institutes, centered on the development of an Environmental Code for China. Featuring contributions from scholars widely published in top-tier Chinese law journals, it offers a comprehensive and insightful guide to this landmark legal initiative. The book explores the necessity, feasibility, structure, and scope of codification within China’s unique legal and political context. With expert input from legal scholars, judges, and counsellors, the book serves as an authoritative resource for researchers and practitioners in environmental law. ‘This volume captures cutting-edge reflections on China’s Environmental law codification from leading scholars and the Supreme People’s Court of China. Combining environmental legislative practice with comparative insights, it showcases China’s institutional and theoretical innovations. As the first English-language work on this topic, it is an indispensable reference on China’s environmental law reforms. Highly recommended.’ —Tianbao Qin, Professor, Research Institute of Environmental Law (RIEL), Wuhan University, China ‘China has started a huge project. It is not a second Great Wall but a process of codification of environmental law. This extensive and complex legislative project involves the integration of more than 30 existing laws and hundreds, if not thousands, of regulations, rules and judicial interpretations in the broad field of environmental protection. A draft for public consultation was published in the spring of 2025. If adopted, this Environmental Code will regulate environmental protection in the second most populous country in the world. Edited by top experts Dr. Xiaobo Zhao and Prof. Noeleen McNamara (UniSQ) and Prof. Gu Gong and Dr. Kaijie Wu (Peking University), the best Chinese environmental law academics analyse the process that should lead to this Code. A must-read for anyone interested in the development of environmental law in China.’ —Luc Lavrysen, PhD, Emeritus Professor of Environmental Law Ghent University, Belgium

This book  emerges from a series of research seminars and projects conducted over seven years at prestigious Chinese law schools and environmental research institutes, focusing on the formulation of an Environmental Code in China. Contributors, many of whom have participated in these seminars and published in leading Chinese law journals, provide readers with an insightful and comprehensive guide to this significant endeavor.

The primary objective of this book is to analyze the multifaceted aspects of environmental law codification in China against its unique legal, social, and political backdrop, and its far-reaching impacts on environmental governance in the country. It delves into the necessity and methodologies of developing an environmental code tailored to China's specific environmental challenges, offering insider perspectives on procedural and substantive issues related to environmental law codification. This includes reviewing the theoretical underpinnings, such as the necessity and feasibility of codifying environmental laws, as well as discussing the structure and coverage of the proposed Environmental Code.

Moreover, the book explores the interplay between the proposed environmental code and existing national laws, such as the Constitution, Civil Code, Criminal Code, and the prospective Administrative Code of China. It examines key issues such as environmental rights, ecological and environmental liability, and low-carbon development within the context of the proposed Environmental Code. With contributions from counselors and judges of Chinese environmental courts, this book is positioned as an authoritative resource for environmental researchers and judges in this field.

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Xiaobo Zhao

Themen in »Environmental Law Codification in China«

Law Environmental Law of China Environmental Law Codification Comparative Environmental Law Environmental Legislation Environmental Law Reform in China Environmental Code Sustainable Environmental Governance Environmental Rights Environmental Liability System Environmental Policy

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