Climate Change Law In China In Global Context

In Climate Change Law in China in Global Context, seven climate change law scholars explain how the country’s legal system is gradually being mobilized to support the reduction of greenhouse gas emissions in China and achieve adaptation to climate change. There has been little English scholarship on the legal regime for climate change in China. This volume addresses this gap in the literature and focuses on recent attempts by the country to build defences against the impacts of climate change and to meet the country’s international obligations on mitigation. The authors are not only interested in China’s laws on paper; rather, the book explains how these laws are implemented and integrated in practice and sheds light on China’s current laws, laws in preparation, the changing standing of law relative to policy, and the further reforms that will be necessary in response to the 2015 Paris Agreement on Climate Change. This comprehensive and critical account of the Chinese legal system’s response to the pressures of climate change will be an important resource for scholars of international law, environmental law, and Chinese law.

Since the early 1990s, there are two increasingly hot topics attracting numerous scholarly attentions in Chinese politics: first, it is the transformation of China's political system. Second, it is China's increasingly involvement in international regimes. Nevertheless, until now, there are only a few scholars to work out the distinctive relations between them, and even less people work on the bureaucratic politics level. By explaining and evaluating the development of policymaking coordination in the United Nations Framework Convention on Climate Change (UNFCCC), the author demonstrates the argument that international regimes have contributed to the development of coordination in Chinese Policymaking, taking the UNFCCC as a departure.

Now that the most recent scientific estimates have shown that China has become the world's largest source of greenhouse gas emissions, China's influence on the world's environment and sustainable development highlights the importance of tailoring Chinese climate change law to conform with the requirements of international conventions and agreements on climate change. This thorough analysis, based on an examination of climate status, legal background, and current regulatory systems in China, examines the potential role of different policy instruments in reducing carbon emissions in order to find an appropriate choice for China, and recommends approaches to key issues for relevant authorities. The author conducts a comprehensive and in-depth study on the three mainstream environmental policy instruments used to control carbon emissions – the cap-and-trade system, the carbon tax, and command-and- control regulations – in a Chinese context. She reviews China's current policies, and elucidates how the issues of climate change and global warming call for social, environmental, economic, and legal reforms in China, especially in the areas of administrative law and property rights law. Among the issues and topics covered are the following: - key issues on designing and implementing each of the three policy instruments; - the choice of regulatory instruments for carbon emissions reduction in a socialist market economy based on the discussion of market failure and government failure theories; - legal challenges from China's current administrative legislation and the definition of carbon emissions entitlements; - practical effect of China's climate change policy at the national, provincial, and local levels; - effectiveness of China's implementation of its international obligations; - lessons learned from schemes implemented in the United States and Australia; - comparison of China's seven regional pilot emissions trading scheme (ETS) programmes with the well-established EU ETS; - linkage between China's ETS and other ETSs from a global perspective; and - future direction of an emerging carbon market in China. The analysis assesses the critical costs and benefits of each approach in the context of selected case studies, taking legal literature in the field fully into account. Given that the Chinese government is taking steps to reduce emissions by altering energy production and usage and is signalling a willingness to make similar commitments in a multilateral treaty, it is very timely and important for lawmakers and scholars, within and outside China, to think about new and appropriate regulatory measures to respond to the crisis and plan for a sustainable future. This study provides not only a useful benchmark for both China and other countries in formulating initiatives on enhancing climate protection, but also details the global implications for governments and for international organizations concerned with the understanding between China and the rest of the world in the context of climate change mitigation.

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

This book provides a two-level analytical framework and empirical study to analyze the reason and process of China’s transition that is from a follower to driver in the field of global climate governance, and is especially valuable the dialogues and cooperation between the government, media and civil society. Nowadays, China shows strong leadership to push the process of global climate governance. It’s the first and fastest time in the past 40-year history of China’s Opening-up that China wins the international respect and trust in one of the issues of global governance. What experiences can be summarized? What dynamic situations and new possibilities emerged after Trump, the U.S. president announced to withdraw from the Paris Agreement? How to move forward based on the existing success? This timely book offers new lens for international readers to understand China’s effort domestically and internationally in the field of climate change and illustrate the outlook of the climate governance in the frame of win-win co-governance model.

The feeling of optimism that followed the COP 21 Paris Conference on Climate Change requires concrete action and steadfast commitment to a process that raises a number of crucial challenges: technological, political, social, and economic. As climate change worsens, new robust leadership is imperative. The EU, US and China Tackling Climate Change examines why a close collaboration between the EU and China may result in the necessary impetus to solidify a vision and a roadmap for our common future in the Anthropocene. Kalantzakos introduces a novel perspective and narrative on climate action leadership through an analysis of international relations. She argues that a close EU-China collaboration, which does not carry the baggage of an imbedded competition for supremacy, may best help the global community move towards a low carbon future and navigate the new challenges of the Anthropocene. Overall, Kalantzakos demonstrates how Europe and China, already strategic partners, can exercise global leadership in an area of crucial common interest through their web of relations, substantial development aid, and the use of soft power tools throughout the developing world. This book will be of great interest to students and scholars of environmental politics, international relations, climate change and energy law and policy.

Today, climate change is among the most hotly-debated topics. The Clean Development Mechanism (CDM), one of the three financial mechanisms under the Kyoto Protocol open to developing and developed countries, was devised to assist in mitigation of global warming. This book discusses what China should do to make full use of the CDM to promote sustainable development and to meet the challenge of climate change from a legal perspective. The findings lead to the conclusion that the CDM has limitations in promoting sustainable development in China, and thus should be regarded only as a complementary instrument in combating climate change. Legal strategies for improving the implementation of CDM projects under the legal framework in China are thus put forward, and some proposals for China to meet the challenge of climate change in the post-2012 era are made. This book offers new insights to academics and policymakers both in the public and private sector. It is intended for legal practitioners and researchers on carbon trading as well as policymakers interested in the role of developing countries in climate change law. In addition, it is of interest to stakeholders of CDM projects.

Global climate change is one of the challenges ever to confront humanity with the largest scale, widest scope and most far-reaching influence. As the biggest developing country with the largest population, China is the world’s leading consumer of coal and energy, and one of the worst-hit victims of global warming. Consequently, China should assume its responsibility in making contributions to global sustainable development. Based on the principles of fairness and efficiency, this study creatively puts forward two principles of global governance on climate change. The first entails replacement of the two-group schema of developed and developing countries with a four-group model based on the Human Development Index (HDI). The second entails application of the resulting model to specify the major emitters as principal contributors to emission reduction. In addition, it proposes a two-step strategy for China to tackle the issue of climate change. This book makes it clear that China should proactively engage in relevant international cooperation, actively participate in international climate negotiations, make clear commitments to reduce emissions, and assume the obligations of a responsible power to achieve sustainable and green development.

As the dazzling economic and social changes in China have imposed substantial impact upon the quality of environmental governance, it is time to review the problems and progress in the politics of China''s environmental protection. This book analyzes the factors in China''s governance and political process that affect and restrain its capacity to handle the mounting environmental problems. It argues that solutions to China''s ecological woes to a larger extent lie in the political and institutional changes rather than in engineering, technological and investment input. The book talks about new policies and reform measures in the green area taken by the government since 2007, arguing that some of them may be quite effective in the long run, as long as they alter institutional factors and the OC growth-firstOCO mindset that obstruct the green effort. The book also includes discussion of China''s climate change policy not only because global warming has come under the limelight of the international community in recent years, but also because it offers a unique dimension to analyze the country''s environmental diplomacy and domestic bureaucratic structure on emissions cutting and related energy issues. China is currently at the crossroads of further political and economic reform, and the intensified public attention to environmental pollution may help the Chinese Communist Party to decisively push forward the long-sluggish political reforms.

The book discusses climate technology transfer under the UNFCCC framework, and China’s relevant legislation and practices. It first explores theoretical basis of climate change-related technology transfer, with a particular focus on the differences between climate technology transfer and business-as-usual performance. The book then reviews practices of both technology supplier and user, in order to generally identify potential legal barriers and obstacles. Finally, it sheds light on China, providing a comprehensive assessment on barriers that hinder the trans-boundary transfers of low carbon technologies and need to be overcome in future. The issues concerned involve two of the most dynamic areas in current China’s lawmaking progress: environment laws and Intellectual Property laws. The book provides an in-depth analysis on China’s legislation and practices in this regard. At international level, the legal framework of climate technology transfer is examined in a systematic, prudent and constructive manner. On this basis, the book highlights potential commons, consistency and possible coordination between the UNFCCC and the WTO regime. This book is accessible to both Chinese and international environmental law specialists. It appeals to a broad readership, including environmental scientists, economists concerned with China’s intellectual property law, foreign investment law and anyone interested in the topic: how to green intellectual property rights regime for climate technology transfer in the China context.