Pub Date : 2018-11-19DOI: 10.1163/24686042-12340032
David J. Devlaeminck
The legal principle of reciprocity plays a strong role in the law of international watercourses in both bilateral and multilateral contexts. China, primarily an upstream state, shares transboundary rivers with 14 neighbouring states. These shared rivers are governed by a variety of treaties and soft law documents, with China preferring to take a bilateral approach. Building on previous research, this article aims to elaborate on the role that reciprocity has played in the development, maintenance and interpretation of the law of international watercourses and then applies this to China’s transboundary water treaties. For these purposes, this analysis focuses on China’s approach to sovereignty on its transboundary waters and the substantive, procedural and dispute settlement rules of China’s transboundary treaties, as well as future developments, including the influence of the concept of ‘common interests’ on China’s practices. There have been significant developments in China’s transboundary water cooperation, as transboundary waters are increasingly important for China’s development. The article concludes with the example of the China-led Lancang-Mekong Cooperation Mechanism, highlighting its reciprocal characteristics and pathways for future development.
{"title":"The Legal Principle of Reciprocity and China’s Water Treaty Practice","authors":"David J. Devlaeminck","doi":"10.1163/24686042-12340032","DOIUrl":"https://doi.org/10.1163/24686042-12340032","url":null,"abstract":"The legal principle of reciprocity plays a strong role in the law of international watercourses in both bilateral and multilateral contexts. China, primarily an upstream state, shares transboundary rivers with 14 neighbouring states. These shared rivers are governed by a variety of treaties and soft law documents, with China preferring to take a bilateral approach. Building on previous research, this article aims to elaborate on the role that reciprocity has played in the development, maintenance and interpretation of the law of international watercourses and then applies this to China’s transboundary water treaties. For these purposes, this analysis focuses on China’s approach to sovereignty on its transboundary waters and the substantive, procedural and dispute settlement rules of China’s transboundary treaties, as well as future developments, including the influence of the concept of ‘common interests’ on China’s practices. There have been significant developments in China’s transboundary water cooperation, as transboundary waters are increasingly important for China’s development. The article concludes with the example of the China-led Lancang-Mekong Cooperation Mechanism, highlighting its reciprocal characteristics and pathways for future development.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340032","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43025814","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 : 2018-11-19DOI: 10.1163/24686042-12340030
B. Preston
Litigation raising climate change issues has increased in the number and types of cases across a growing number of national and international jurisdictions. An emergent trend is litigation that invokes particular legal rights to address climate change issues. Referred to collectively in this article as ‘environmental rights,’ these include rights established under the public trust doctrine, as well as within the realms of constitutional and human rights, including the right to life and right to a quality environment. This article surveys the development of climate change litigation—in various jurisdictions around the world—in which parties have sought to invoke these environmental rights. In addition to examining how climate change litigation has adapted rights-based claims made in earlier, more traditional litigation, this article reviews recent significant cases and examines how this growing body of case law is contributing to an expansion in the content of fundamental rights in the climate change context.
{"title":"The Evolving Role of Environmental Rights in Climate Change Litigation","authors":"B. Preston","doi":"10.1163/24686042-12340030","DOIUrl":"https://doi.org/10.1163/24686042-12340030","url":null,"abstract":"Litigation raising climate change issues has increased in the number and types of cases across a growing number of national and international jurisdictions. An emergent trend is litigation that invokes particular legal rights to address climate change issues. Referred to collectively in this article as ‘environmental rights,’ these include rights established under the public trust doctrine, as well as within the realms of constitutional and human rights, including the right to life and right to a quality environment. This article surveys the development of climate change litigation—in various jurisdictions around the world—in which parties have sought to invoke these environmental rights. In addition to examining how climate change litigation has adapted rights-based claims made in earlier, more traditional litigation, this article reviews recent significant cases and examines how this growing body of case law is contributing to an expansion in the content of fundamental rights in the climate change context.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49108742","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 : 2018-07-23DOI: 10.1163/24686042-12340023
John H. Knox
{"title":"The United Nations Mandate on Human Rights and the Environment","authors":"John H. Knox","doi":"10.1163/24686042-12340023","DOIUrl":"https://doi.org/10.1163/24686042-12340023","url":null,"abstract":"","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340023","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45386015","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 : 2018-07-23DOI: 10.1163/24686042-12340020
Ipshita Chaturvedi
The role of sustainable development has been increasingly recognized in international environmental law as a way to reconcile poverty eradication and resource exploitation with environmental protection. By contrast, little attention has been given to the concept of sustainable consumption. When international law mentions sustainable consumption, consumption and production are generally considered together, for instance in Goal 12 of the Sustainable Development Goals, addressing responsible consumption and production, and in UNEP’s 10-year sustainable ‘consumption and production programme.’ While some research on sustainable consumption has been conducted in sociology and anthropology, the focus in international environmental law has remained on production rather than consumption. This article seeks to open up a discussion on how consumption should be viewed and defined legally, and the role that law could play in promoting sustainable consumption.
{"title":"Sustainable Consumption: Scope and Applicability of Principles of International Law","authors":"Ipshita Chaturvedi","doi":"10.1163/24686042-12340020","DOIUrl":"https://doi.org/10.1163/24686042-12340020","url":null,"abstract":"\u0000The role of sustainable development has been increasingly recognized in international environmental law as a way to reconcile poverty eradication and resource exploitation with environmental protection. By contrast, little attention has been given to the concept of sustainable consumption. When international law mentions sustainable consumption, consumption and production are generally considered together, for instance in Goal 12 of the Sustainable Development Goals, addressing responsible consumption and production, and in UNEP’s 10-year sustainable ‘consumption and production programme.’ While some research on sustainable consumption has been conducted in sociology and anthropology, the focus in international environmental law has remained on production rather than consumption. This article seeks to open up a discussion on how consumption should be viewed and defined legally, and the role that law could play in promoting sustainable consumption.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340020","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43814294","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 : 2018-07-23DOI: 10.1163/24686042-12340022
Evan Hamman, Li Pei, Denise Burloff, Alexandra Lockhart
The effective implementation of environmental law has taken on greater urgency in recent times. Behind the multitude of domestic and international environmental instruments sit generally accepted principles like the Polluter Pays Principle (PPP). The PPP can be seen to advance sustainable development, at least partly, by private operators internalizing the costs of their pollution. This article analyses the application of the PPP in Chinese environmental law by focusing on a case study of Yangtze River pollution in and around the central Chinese city of Wuhan. The authors find evidence of an increasing acceptance of the PPP at the local, regional and national levels in China. At each of these levels, attempts to improve water quality in the Yangtze appear to reflect an acceptance of the PPP’s main aims.
{"title":"The Polluter Pays Principle in Chinese Environmental Law","authors":"Evan Hamman, Li Pei, Denise Burloff, Alexandra Lockhart","doi":"10.1163/24686042-12340022","DOIUrl":"https://doi.org/10.1163/24686042-12340022","url":null,"abstract":"\u0000The effective implementation of environmental law has taken on greater urgency in recent times. Behind the multitude of domestic and international environmental instruments sit generally accepted principles like the Polluter Pays Principle (PPP). The PPP can be seen to advance sustainable development, at least partly, by private operators internalizing the costs of their pollution. This article analyses the application of the PPP in Chinese environmental law by focusing on a case study of Yangtze River pollution in and around the central Chinese city of Wuhan. The authors find evidence of an increasing acceptance of the PPP at the local, regional and national levels in China. At each of these levels, attempts to improve water quality in the Yangtze appear to reflect an acceptance of the PPP’s main aims.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43333072","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 : 2018-07-23DOI: 10.1163/24686042-12340021
O. Spijkers, Xian Li, L. Dai
This article analyses the role of public participation in China’s water governance. First, it provides an overview of the relevant international law provisions applicable to China. This is followed by an analysis of the implementation of these international obligations and their incorporation into China’s domestic water governance. The article demonstrates that the problem is not a lack of rules and regulations calling for public participation, but rather that these rules and regulations are often too vague to be meaningfully applied in practice. It is not always clear what type of public participation is called for, and which public should be invited to participate.
{"title":"Public Participation in China’s Water Governance","authors":"O. Spijkers, Xian Li, L. Dai","doi":"10.1163/24686042-12340021","DOIUrl":"https://doi.org/10.1163/24686042-12340021","url":null,"abstract":"\u0000This article analyses the role of public participation in China’s water governance. First, it provides an overview of the relevant international law provisions applicable to China. This is followed by an analysis of the implementation of these international obligations and their incorporation into China’s domestic water governance. The article demonstrates that the problem is not a lack of rules and regulations calling for public participation, but rather that these rules and regulations are often too vague to be meaningfully applied in practice. It is not always clear what type of public participation is called for, and which public should be invited to participate.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340021","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45239063","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 : 2018-07-23DOI: 10.1163/24686042-12340028
Ipshita Chaturvedi
{"title":"Environmental Principles and the Evolution of Environmental Law, written by Eloise SCOTFORD (2017)","authors":"Ipshita Chaturvedi","doi":"10.1163/24686042-12340028","DOIUrl":"https://doi.org/10.1163/24686042-12340028","url":null,"abstract":"","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340028","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45883259","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 : 2018-07-23DOI: 10.1163/24686042-12340025
J. Spier
Unabated climate change poses extremely serious threats to the environment, humankind, and in the upshot, the economy. According to an emerging view, earlier estimates about the pace and consequences of climate change were rather optimistic, even if States would be able and willing to keep global warming below 2°C. China and many other countries and regions are already experiencing the consequences of unprecedented natural calamities—extreme droughts, torrential rainfall and hurricanes, even though it is very difficult, if possible at all, to prove a causal link between specific natural events and climate change.1
{"title":"Legal Obligations of Enterprises and Investors in the Face of Climate Change","authors":"J. Spier","doi":"10.1163/24686042-12340025","DOIUrl":"https://doi.org/10.1163/24686042-12340025","url":null,"abstract":"Unabated climate change poses extremely serious threats to the environment, humankind, and in the upshot, the economy. According to an emerging view, earlier estimates about the pace and consequences of climate change were rather optimistic, even if States would be able and willing to keep global warming below 2°C. China and many other countries and regions are already experiencing the consequences of unprecedented natural calamities—extreme droughts, torrential rainfall and hurricanes, even though it is very difficult, if possible at all, to prove a causal link between specific natural events and climate change.1","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340025","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45151107","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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