Annual Review of Chinese Environmental Law Developments: 2008

• Date: 01 June 2009

39 ELR 10510 ENVIRONMENTAL LAW REPORTER 5-2009

Annual Review of

Chinese

Environmental

Law

Developments:

2008

by Mingqing You

Mingqing You is a lecturer at the Environmental

and Resources Law Institute, Zhongnan University

of Economics and Law, Wuhan, China.

Editors’ Summary

In 2008, China continued its environmental development

goals outlined in the Eleventh Five-Year Plan passed in

2006. is annual review surveys the major developments

in Chinese environmental law and policy in the past year.

e Article covers developments in international envi-

ronmental law, energy conservation, enforcement mecha-

nisms, and the environmental impacts of major events and

incidents in China in the past year.

I. International Environmental Law

A. Climate Change

Climate change is still on the top of China’s agenda. As a

follow-up action to the China National Climate Change

Program,1 on October 29, 2008, the Information Oce

of China’s State Council, t he Central Government, issued

another white paper entitled China’s Policies and Actions for

Addressing Climate Change.2

First, this white paper generally describes China’s role in

climate cha nge and the expected impact of climate change

on China. Second, it states China’s strategies and objectives

for addressing climate cha nge. Finally, it gives a detailed

description of China’s policies and actions to mitigate climate

change, adapt to climate change, enhance public awareness,

enhance international cooperation, and improve institu-

tions and mechanisms for addressing climate change. is

white paper reects the latest policy developments, though it

also, to a large extent, reiterates the China National Climate

Change Program. is white paper demonstrates that China

has taken substantial measures to mitigate and adapt to cli-

mate change.

is white paper still emphasizes the principle of common

but dierentiated responsibility and stresses international

transfer of funds and technology. According to the principle

of common but dierentiated responsibility, developed and

developing countries should bear dierent proportions of the

cost of mitigating and adapting to climate change. is prin-

ciple is expressly enshrined in the United Nations Frame-

work Convention on Climate Change,3 and it is regarded as

the guiding principle for distributing rights and obligations

concerning climate change among nation states. Guided by

this principle, this white paper indicates that China will stick

to the Kyoto Protocol and is reluctant to take up qua nti-

ed and veriable targets of reducing greenhouse gas (GHG)

emissions. at is to say, it is one thing for China to take

1. See China’s National Climate Change Program (issued by the State Council,

June 3, 2007), S. C G, Issue 20, Serial No. 1235, available

at http://www.gov.cn/gongbao/content/2007/content_678918.htm (Chinese

version) and http://en.ndrc.gov.cn/newsrelease/P020070604561191006823.

pdf (English version).

2. See I. O., S. C   P.R.C., C’ P  A

 A C C (2008), available at http://www.gov.cn/

zwgk/2008-10/29/content_1134378.htm (Chinese version) and http://www.

gov.cn/english/2008-10/29/content_1134544.htm (English version).

3. United Nations Framework Convention on Climate Change (UNFCCC)

pmbl. & art. 3, May 9, 1992, 1771 U.N.T.S. 107 (entered into force Mar. 21,

1994).

[Author’s Note: is Article was completed pursuant to the Research

Project on Remedial Mechanisms for Environmental Torts in an

Environmentally Friendly Society, a major research project sponsored by

the China National Social Sciences Fund (Project No. 06&ZD034).

e author may be reached at mingqing.you@fulbrightmail.org.]