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Environmental Public Interest Litigation in China

  • Book
  • © 2023

Overview

Editors:
  1. Xi Wang

    1. Law School of Kunming University of Science and Technology, Kunming, China

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  2. Xiaobo Zhao

    1. School of Law & Justice, University of Southern Queensland, Ipswich, Australia

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  3. Noeleen McNamara

    1. School of Law and Justice, University of Southern Queensland, Ipswich, Australia

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  • Presents the most recent significant developments in environmental governance and judicial reform of China
  • Systemically reviews the fundamentals in theory and practice of EPIL in China
  • Provides the most current research and authoritative information in the field

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Table of contents (17 chapters)

  1. Front Matter

    Pages i-xv
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  3. Substantive and Procedural Issues About EPIL in China

    1. Front Matter

      Pages 129-129
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    2. Procuratorates at the Crossroad: Performance, Controversies and Prospects of Procuratorial EPIL in China

      • Yun Ma, Wenzhen Shi
      Pages 131-167

    3. Litigation for Ecological and Environmental Damage Compensation in China: EPIL with Typical Chinese Characteristics

      • Wenjun Luo
      Pages 169-189

    4. The Role of NGOs in China’s Environmental Public Interest Litigation

      • Mengxing Lu
      Pages 191-216

    5. Regulating Through Litigation: Regulatory Functions of NGO-Led Civil Environmental Public Interest Litigation in China

      • Juan Chu
      Pages 217-242

    6. From Advocators to Rule Makers: Exploring the Role of Chinese Lawyers in Environmental Law Making and Public Interest Litigation

      • Jun Zhao, Jinye Han
      Pages 243-253

    7. Three-Dimensional Model of Expertise-Input for EPIL in China

      • Jianwei Zhang, Yanni Luo
      Pages 255-275

    8. Judicial Application of Ecological Remediation Liability in EPIL: A Commentary to the Guiding Cases, Gazettes Cases and Model Cases of the SPC in China

      • Zhiyu Huang
      Pages 277-296

    9. Looking Backwards, Looking Forwards: Environmental Public Interest Litigation in Soil Pollution Law

      • Huanhuan Wang, Zhenglian Zhang
      Pages 297-326
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Keywords

About this book

This book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time,it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China.

Editors and Affiliations

  • Law School of Kunming University of Science and Technology, Kunming, China

    Xi Wang

  • School of Law & Justice, University of Southern Queensland, Ipswich, Australia

    Xiaobo Zhao

  • School of Law and Justice, University of Southern Queensland, Ipswich, Australia

    Noeleen McNamara

About the editors

Prof. Xi Wang is a professor in law at the Law School of Kunming University of Science and Technology (KUST). He is the Director of the Platform for Research on Ecological Civilization and Environmental Rule of Law (PRECERL) of the KUST. He worked and served as a professor and the Director of the Environmental and Resources Law Institute of the Law School, Shanghai Jiao Tong University from 2002 to 2019, and served as a professor and a Vice Director of the Research Institute of Environmental Law (RIEL), Wuhan University from 1987 to 2002.

Dr. Xiaobo Zhao is a senior lecturer in law at the School of Law and Justice, University of Southern Queensland (UniSQ), Australia. He received Master of Laws degree from the Research Institute of Environmental Law (RIEL), Wuhan University in 2008; and PhD degree in law from Western Sydney University (WSU) in 2012. Prior to joining UniSQ, he worked as a lecturer in law at Shanghai University of Finance and Economics (SHUFE). He has been teaching across a range of law subjects including Environmental Law, Australian Tort Law, Water Resource Law, and Research Projects on sustainable development. He is specialised in contaminated land law, comparative environmental law and torts.



Prof. Noeleen McNamara is a professor in law at the School of Law and Justice, University of Southern Queensland (UniSQ), Australia. Professor Noeleen McNamara has taught and written in the area of environmental law, especially mining and natural resources law, for over 20 years. Her new book Law and Ethics for Australian Teachers was published by Cambridge University Press in 2021.

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