Pub Date : 2021-12-07DOI: 10.1163/24686042-12340072
Yankun Zhao, Tao Du
Renewable energy is widely recognised as a significant tool to combat climate change, achieve carbon neutrality and realise sustainable development. However, even with widespread support, renewable projects may trigger conflicts and lead to green on green tension – a conflict between the environmental benefits of renewable energy projects (REP s) and public concerns over consequential environmental detriments. This article clarifies both the environmental impacts and the environmental-related impacts that can be caused by REP s and contribute to green on green tension; and examines how these can be weighed against the positives of such projects. The article argues that the stage of public participation in decision making on REP s provides the appropriate mechanism to identify and mitigate the impacts and weigh the competing interests; and that to guide this process national policies should establish a presumption in favour of REP s, rebuttable when significant harm is likely to result from the proposed project.
{"title":"Green on Green: Issues of Public Opposition to Proposed Renewable Energy Projects","authors":"Yankun Zhao, Tao Du","doi":"10.1163/24686042-12340072","DOIUrl":"https://doi.org/10.1163/24686042-12340072","url":null,"abstract":"\u0000Renewable energy is widely recognised as a significant tool to combat climate change, achieve carbon neutrality and realise sustainable development. However, even with widespread support, renewable projects may trigger conflicts and lead to green on green tension – a conflict between the environmental benefits of renewable energy projects (REP s) and public concerns over consequential environmental detriments. This article clarifies both the environmental impacts and the environmental-related impacts that can be caused by REP s and contribute to green on green tension; and examines how these can be weighed against the positives of such projects. The article argues that the stage of public participation in decision making on REP s provides the appropriate mechanism to identify and mitigate the impacts and weigh the competing interests; and that to guide this process national policies should establish a presumption in favour of REP s, rebuttable when significant harm is likely to result from the proposed project.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48055522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-07DOI: 10.1163/24686042-12340071
Juan He
In recent years, market surveys on sustainable seafood consumption have analysed Chinese people’s willingness to purchase ecolabelled seafood produced and imported into China. Endogenous and exogenous determinants are thereby unveiled to explore Chinese consumers’ sustainability consciousness, purchasing decisions, and the means of bridging the divide. This article builds upon and adds to these empirical findings with a market-based and information lens. It draws inspiration from analysing the growing interest of younger and middle-class consumers in acquiring seafood information; integrative sourcing and marketing strategies of intermediary businesses to deliver such information; and awakening of public regulators to the imperative of realizing the right to information of less-informed parties. Instead of segregating these stakeholders along a linear supply chain, the study emphasizes the deepening of a consumer-centric information network underpinned by supply chain transparency and traceability. It thus aims to inform a steady shift from a production-oriented to a consumer-oriented seafood management paradigm through systematic reforms of China’s consumer law. To encourage and empower sustainable consumption, the ‘consumer’ notion needs proper broadening and consumers’ right to know should be recognized as a judicial and self-contained legal entitlement with enforcement safeguards.
{"title":"Enhancing Sustainable Consumption in China: A Seafood Example","authors":"Juan He","doi":"10.1163/24686042-12340071","DOIUrl":"https://doi.org/10.1163/24686042-12340071","url":null,"abstract":"\u0000In recent years, market surveys on sustainable seafood consumption have analysed Chinese people’s willingness to purchase ecolabelled seafood produced and imported into China. Endogenous and exogenous determinants are thereby unveiled to explore Chinese consumers’ sustainability consciousness, purchasing decisions, and the means of bridging the divide. This article builds upon and adds to these empirical findings with a market-based and information lens. It draws inspiration from analysing the growing interest of younger and middle-class consumers in acquiring seafood information; integrative sourcing and marketing strategies of intermediary businesses to deliver such information; and awakening of public regulators to the imperative of realizing the right to information of less-informed parties. Instead of segregating these stakeholders along a linear supply chain, the study emphasizes the deepening of a consumer-centric information network underpinned by supply chain transparency and traceability. It thus aims to inform a steady shift from a production-oriented to a consumer-oriented seafood management paradigm through systematic reforms of China’s consumer law. To encourage and empower sustainable consumption, the ‘consumer’ notion needs proper broadening and consumers’ right to know should be recognized as a judicial and self-contained legal entitlement with enforcement safeguards.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41342235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-07DOI: 10.1163/24686042-12340069
B. Boer
{"title":"Reflections on the 40th Anniversary of the Research Institute of Environmental Law, Wuhan University","authors":"B. Boer","doi":"10.1163/24686042-12340069","DOIUrl":"https://doi.org/10.1163/24686042-12340069","url":null,"abstract":"","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44985665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-07DOI: 10.1163/24686042-12340073
O. Spijkers
{"title":"Friends of the Earth Netherlands (Milieudefensie) v Royal Dutch Shell","authors":"O. Spijkers","doi":"10.1163/24686042-12340073","DOIUrl":"https://doi.org/10.1163/24686042-12340073","url":null,"abstract":"","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43477987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-08DOI: 10.1163/24686042-12340064
Feiyue Li
The idea of ‘fairness’ may be viewed as fundamental to a nation’s participation in the development of the international legal system governing climate change. As the second-largest economy and the largest Greenhouse Gas (GHG) emitter in the world, China’s actions on climate change are critical to the global response. Indeed, international cooperation on climate change is unlikely to succeed without China’s active engagement. Therefore, China’s perception of the fairness of responsibility allocation will significantly influence its attitudes toward its international climate responsibilities. However, limited work has been done to date to concretely examine China’s perspective of the fairness of responsibility allocation and to understand its fairness discourses and practices of climate responsibility in a dynamically evolved process. This article aims to fill that gap in the literature by elucidating how China perceives the fair allocation of climate responsibility and how its fairness discourses and practices have evolved over the course of the three phases of international climate change negotiations. It will be shown that China has perceived the factors of historically accumulated emissions, per capita emissions and capability to lie at the very core of its understanding of fairness.
{"title":"China’s Fairness Discourses and Allocation of Climate Responsibility","authors":"Feiyue Li","doi":"10.1163/24686042-12340064","DOIUrl":"https://doi.org/10.1163/24686042-12340064","url":null,"abstract":"\u0000The idea of ‘fairness’ may be viewed as fundamental to a nation’s participation in the development of the international legal system governing climate change. As the second-largest economy and the largest Greenhouse Gas (GHG) emitter in the world, China’s actions on climate change are critical to the global response. Indeed, international cooperation on climate change is unlikely to succeed without China’s active engagement. Therefore, China’s perception of the fairness of responsibility allocation will significantly influence its attitudes toward its international climate responsibilities. However, limited work has been done to date to concretely examine China’s perspective of the fairness of responsibility allocation and to understand its fairness discourses and practices of climate responsibility in a dynamically evolved process. This article aims to fill that gap in the literature by elucidating how China perceives the fair allocation of climate responsibility and how its fairness discourses and practices have evolved over the course of the three phases of international climate change negotiations. It will be shown that China has perceived the factors of historically accumulated emissions, per capita emissions and capability to lie at the very core of its understanding of fairness.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41629074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-08DOI: 10.1163/24686042-12340066
Nicola Pain
{"title":"Environmental Courts and Tribunals: Powers, Integrity and the Search for Legitimacy, written by Ceri WARNOCK","authors":"Nicola Pain","doi":"10.1163/24686042-12340066","DOIUrl":"https://doi.org/10.1163/24686042-12340066","url":null,"abstract":"","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49053536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-08DOI: 10.1163/24686042-12340062
Stellina Jolly, Siddhartha Singh
Environment Impact Assessment (EIA) is a systematic process to identify, predict, and evaluate the environmental effects of proposed actions and projects. Generally, an EIA is conducted before deciding to proceed with a specific project or activity. In India, the adoption of the Draft EIA Notification 2020 by the Ministry of Environment, Forest and Climate Change has triggered several debates over its problematic implications. The Draft EIA Notification normalizes ex post facto clearance, which allows construction or operation of the project without a prior environmental clearance. It has significantly curtailed the scope of public consultation and participation by the introduction of a large number of exemptions for projects. Further, it is silent over the project’s transboundary impacts and exempts projects within 100 km of the border areas from public consultation. Thus, the Draft EIA Notification violates the environmental law principles provided under domestic and international laws by restricting adequate scrutiny of projects. The article critically evaluates the three significant dilutions that have threatened the effectiveness of the Draft EIA Notification including ex post facto clearance, public consultation, and the exemption granted to transboundary projects, and emphasizes its need for reconsideration before the publication of the final Notification.
{"title":"Environmental Impact Assessment Draft Notification 2020, India: A Critique","authors":"Stellina Jolly, Siddhartha Singh","doi":"10.1163/24686042-12340062","DOIUrl":"https://doi.org/10.1163/24686042-12340062","url":null,"abstract":"\u0000Environment Impact Assessment (EIA) is a systematic process to identify, predict, and evaluate the environmental effects of proposed actions and projects. Generally, an EIA is conducted before deciding to proceed with a specific project or activity. In India, the adoption of the Draft EIA Notification 2020 by the Ministry of Environment, Forest and Climate Change has triggered several debates over its problematic implications. The Draft EIA Notification normalizes ex post facto clearance, which allows construction or operation of the project without a prior environmental clearance. It has significantly curtailed the scope of public consultation and participation by the introduction of a large number of exemptions for projects. Further, it is silent over the project’s transboundary impacts and exempts projects within 100 km of the border areas from public consultation. Thus, the Draft EIA Notification violates the environmental law principles provided under domestic and international laws by restricting adequate scrutiny of projects. The article critically evaluates the three significant dilutions that have threatened the effectiveness of the Draft EIA Notification including ex post facto clearance, public consultation, and the exemption granted to transboundary projects, and emphasizes its need for reconsideration before the publication of the final Notification.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43647861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-08DOI: 10.1163/24686042-12340065
Grita Anindarini Widyaningsih, Raynaldo Sembiring
{"title":"Environmental Protection in Indonesia after the Job Creation Law 2020","authors":"Grita Anindarini Widyaningsih, Raynaldo Sembiring","doi":"10.1163/24686042-12340065","DOIUrl":"https://doi.org/10.1163/24686042-12340065","url":null,"abstract":"","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42898260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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