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Legal Resources
Chinese Legal Framework
Statutes
- Environmental Laws, Policies, and Regulations (MEP)
Translated into English - ECOLEX: A Gateway to Environmental Law
ECOLEX is an information service on environmental law, operated jointly by FAO, IUCN and UNEP. To locate Chinese laws, select "National Legislation," then, on the search page, choose a subject (e.g. air & atmosphere) from the list, then select China from the country list. The result is a list of laws or regulations including the title and date of the item, plus a link to the full text in English. - LawInfoChina.com (www.lawinfochina.com is the site for English-language resources on Chinese law created and maintained by Chinalawinfo Co., Ltd., and the Legal Information Center of Peking University. Some resources require payment of a subscription fee.)
- Legal System of China (LawinfoChina.com)
Regulations and Directives
Energy Conservation
- Law of the People's Republic of China on Energy Conservation to take effect of April 1, 2008 (translation courtesy of Squire, Sanders & Dempsey, LLP) (PDF, 26 pp, 367k)
Export
- China imposes new export restrictions on polluting companies. On October 8, 2007 China issued The Notice on Strengthening Environmental Supervision of Export Enterprises [text in Chinese] , which
requires authorities to suspend export licenses and deny quota applications against violators of environmental regulations.
A system of environmental monitors will be phased in. Priority sectors cited include metallurgy, chemical,
cement, textile and light industry. Provincial environmental and commerce departments are also required to set up joint
working groups supervise compliance.
Food Safety
- Draft regulation on food safety published to solicit public opinion (National People's Congress news release, 4/21/08)
- Translation of new PRC Food Safety Law draft, May 12,2008 Translated by EU-China Trade Project
- Food Safety Laws and Regulations in China (China Environmental Health Fact Sheet, China Environment Forum, Woodrow Wilson Institute for Scholars, 2007)
Information
- China's new information disclosure regulation was signed by Premier Wen Jiabao on April 24, 2007. This regulation will take effect May 1, 2008. Text of regulation: English (Translation by China Law Center, Yale Law School. PDF, 9 pp, 42k) / Chinese
- Measures on Open Environmental Information, for Trial Implementation (Adopted by the State Environmental Protection Administration of China
on February 8, 2007; Effective May 1, 2008) (PDF, 8 pp, 44k)
Pesticides
- Highlights of Pesticide Laws and Regulations in China (China Environmental Health Fact Sheet, China Environment Forum, Woodrow Wilson Institute for Scholars, 2007)
Sustainability
- Circular Economy Law of the People's Republic of China (English translation courtesy Squires, Sanders & Dempsey L.L.P.) adopted 8/29/08 (PDF, 21pp)
Waste
- MEP - Announcement on Releasing Catalogue of Solid Wastes Forbidden to Import... (Announcement 11, 2008)
- Highlights of Waste Control Laws and Regulations in China (China Environmental Health Fact Sheet, China Environment Forum, Woodrow Wilson Institute for Scholars, 2007)
Water
- Water Pollution Act Amendments (Chapter IV) (Specific Prohibitions) (China Environmental Law Blog, April 21, 2008)
- Highlights of Water Pollution Control Laws and Regulations in China
- (China Environmental Health Fact Sheet, China Environment Forum, Woodrow Wilson Institute for Scholars, 2007)
- China's Ministry of Environmental Protection (MEP, formerly SEPA) proposed rules on pollutant discharge licensing for public comment on October 25, 2007.
The (For Comment Draft) Regulations for Pollutant Discharge Licensing [text in Chinese]would impose a licensing system for release of pollutants. Also included are provisions on license application, review and approval, supervision and inspection and penalties.
Treaties
- Environmental Treaties Signed by China (list prepared by MEP)
International Cooperation Documents
- Memorandum of Understanding between the Ministry of Water Resources of the People's Republic of China and the Environmental Protection Agency of the United States of America in the Field of Water Resources Management (signed 3/27/07) (PDF, 4 pp)
- Strategy for Clean Air and Energy Cooperation. between. The Environmental Protection Agency of the United States of America and the State Environmental Protection Administration of the People's Republic of China (2004) (PDF, 5 pp)
- The Joint Commission on Environmental Cooperation (JCEC) met on December 14, 2007. The Joint Commission is a forum for U.S. Environmental Protection Agency (EPA) and China’s Ministry of Environmental Protection (MEP, formerly SEPA) to discuss cooperation under the EPA-SEPA Memorandum of Understanding on Science and Technical Cooperation in the Field of Environment, signed 12/8/03. (PDF, 10 pp, 382k. Includes Annexes 1-4)
SEPA Minister Zhou Shengxian discussed the new weight given to environmental protection in China's recent 17th Party Congress. EPA and SEPA reviewed progress and plans on cooperation under the existing four annexes to the EPA-SEPA MOU, covering Air, Water, Waste, and Toxics.
Then the meeting turned to discussion of environmental law and enforcement. Lu Xinyuan, Director of SEPA’s Department of Environmental Protection Enforcement and Inspection, indicated that 2008 is a crucial year in China’s law making and law enforcing efforts. EPA Administrator Stephen Johnson emphasized the importance of having good environmental laws and regulations in place and having them enforced. Administrator Johnson and Director Lu then signed the new Annex 5 to the EPA-SEPA MOU on December 14, 2007. This Annex covers Development, Implementation and Enforcement of Environmental Law.
- Sulfur Dioxide Emissions Trading Program
China announced plans to develop and implement a nationwide program on sulfur dioxide emissions trading in the power sector. The United States will provide technical assistance to support the development of the necessary infrastructure and institutional capacity for the successful implementation of the program.The US - China Joint Economic Study (JES) (December, 2007) provided economic analyses of energy saving and pollution abatement policies for the electric power sectors of China and the United States.
The JES noted that installation of flue gas desulfurization equipment and shutdown of small coal-fired boilers are two key policy approaches to reach China's 11th Five-Year Plan energy saving and SO2 emissions targets. The JES indicates that benefits of controlling SO2 emissions would outweigh costs and that a cap and trade approach could achieve lower emissions at less cost than other approaches. The JES noted some important steps forward taken in China, including execution of “Total Sulfur Dioxide Reduction Letter of Responsibility” with provincial and municipal government authorities and six major power companies, issuance by SEPA and the National Reform and Development Commission (NDRC) of a draft Desulfurization Operation and Management Plan for coal-fired generating units that would require construction and operation of FGD equipment at new and expanded coal-fired generating plants, restrictions on sulfur content of coal, requirements to install continuous emission monitors, and an increase in the SO2 Pollution levy amount.
The report identifies that for any air quality program to succeed, effective institutions, infrastructure, and incentives are critical. These include emission measurement protocols to ensure accuracy and consistency, non-compliance penalties high enough to provide an incentive to comply with program rules, and consistent implementation across the country.
Reports
2008
- Clean Energy: an Exporter's Guide to China (U.S. Department of Commerce, International Trade Administration, July 2008) (PDF, 113 pp, 3.2MB)
- Beyond Compliance: Assessing Water Management Practices and Opportunities in Chinese Apparel Factories (Business for Social Responsibility MAP Team, 2008) (PDF, 55 pp, 7MB)
- Breaking the Suicide Pact: U.S.–China Cooperation on Climate Change, by William Chandler (Carnegie Endowment for International Peace, Policy Brief no. 57, March 2008)
- China's Efforts and Achievements in Promoting the Rule of Law (China State Council White Paper, 2008) Section IV includes discussion of environmental law.
- The Environment : reprinted from the 2007 Annual Report of the Congressional-Executive Commission on China, One Hundred Tenth Congress, first session, October 10, 2007 (U.S. Government Printing Office, 2008) (PDF, 13 pp, 70K)
- A Price Too High – Health Impacts of Air Pollution in southern China (Civic Exchange, June 2008) (PDF, 100 pp)
In this research report, the authors have estimated that nearly 10000 deaths in the Southern China region with the majority (94%) occurring in the Pearl River Delta2 (PRD) have occurred due to air pollution at 2006.
2007
- Beijing 2008 Olympic Games - an Environmental Review (United Nations Environment Programme, 2007)
- China's Food Quality and Safety (August 2007) (Information Office of the State Council of the People's Republic of China)
- Country Environmental Analysis for the People's Republic of China. Asian Development Bank (May, 2007) (PDF, 155 pp, 1584K)
-
Energy Futures and Urban Air Pollution:
Challenges for China and the United States (National Academies Press, 2007)
- Impact of emergencies in 2007 : three cases : reprinted from the 2007 Annual Report of the Congressional-Executive Commission on China, One Hundred Tenth Congress, first session, October 10, 2007 (U.S. Government Printing Office, 2008) (PDF, 20 pp, 91K) Covers food safety, product quality, and climate change.
- OECD Environmental Performance Review of China (July 2007)
- Regulating Food Safety in China (By Linden J. Ellis)
- Water Pollution Emergencies in China: Prevention and Response (World Bank, June 2007) (PDF, 30 pp, 340K)
2006
- Environmental Governance in China -- Report of the Task Force on Environmental Governance (November 12, 2006) (PDF, 28 pp, 150k)
- Environmental Protection in China (1996-2005) The State Council Information Office
(June 2006)
(PDF, 28 pp, 91k)
Articles
2008
- American Bar Association, International Environmental Law Committee Newsletter. The August 2008 issue focuses on Chinese environmental law. Contributors include: Robert Percival, Roger Martella, Charles R. McElwee II, and others.
- A Strategic Economic Engagement: Strengthening U.S.-Chinese Ties, by Henry M. Paulson Jr. ( Foreign Affairs, September-October 2008)
- Annual Review of Chinese Environmental Law Developments: 2007, by Mingqing You (Environmental Law Reporter News & Analysis, Vol. 38, Issue 10, October 2008, p. 10718) (PDF, 8 pp, 175K) Copyright(c) 2008 Environmental Law Institute(r), Washington, DC. Posted with permission from the Environmental Law Institute.
- Climate Change Policy And Policy Change in China. by Jonathan B. Wiener.
(UCLA Law Review, vol. 55, August 2008, pp. 1805-1826) (PDF, 22 pp, 175K) - Climate Change: The China Problem, by Michael P. Vandenbergh.
(Southern California Law Review, vol. 81, July 2008, pp. 905-958) (PDF, 54 pp, 283K)
- Cultural Devolution:
Solving China's environmental catastrophe, by Bradford Plumer (New Republic, 7/9/08)
- China's Pollution Discharge Permit System Evolves Behind Its Economic
Expansion, by Wang Mingyuan (Villanova Environmental Law Journal, vol XIX, Issue I, 2008, pp. 95-121) (PDF, 27 pp, 22MB) Posted with the permission of the author.
Author's note: "On 28 February, 2008, the Standing Committee of the National People's Congress amended the Water Pollution Prevention and Control Law of the PRC, and the water pollutant discharge permit system was formally introduced into the amended law (Art. 20)." - Different Operating Systems, by Dan Guttman (The Environmental Forum, vol. 25, no. 6, November/December 2008, p. 27) (PDF, 1 pp, 139K) Copyright(c) 2008 Environmental Law Institute(r), Washington, DC. Posted with permission from the Environmental Law Institute.
- Who's Cleaning Up This Mess? by Charles R. McElwee II (Originally published in the January - February 2008 issue of the China Business Review, Pg. 20)
2007
- Annual Review of Chinese Environmental Law Developments: 2006, by Mingqing You (Environmental Law Reporter News & Analysis, Vol. 37, Issue 11, November 2007, p. 10836) Copyright(c) 2007 Environmental Law Institute(r), Washington, DC. Posted with permission from the Environmental Law Institute.
- China: An Introduction to Current Environmental Trends, by Charles R. McElwee, II. (International Environmental Law Committee Newsletter, Vol. 10, no. 1, October 2007, p. 35)
- China Adopts First Nationwide Open Government Information Regulations
By Jamie P. Horsley (May 9, 2007) - China's Coming Environmental Renaissance (November 29, 2007)
- The Great Leap Backward? by Elizabeth C. Economy (Foreign Affairs, vol. 86, no. 5, September/October 2007)
- China’s Strategic Priorities in International Climate Change Negotiations, by Joanna I. Lewis (Washington Quarterly. vol. 31, no. 1, Winter 2007-2008, pp. 155-174)
- Is China Turning Green? -- A Commentary by Daniel Esty (Originally published in Fortune Magazine on May 4, 2007)
- Making central-local relations work: Comparing America and China environmental governance systems, by Dan Guttman (Frontiers of Environmental Science & Engineering in China, vol. 1, no. 4, October, 2007, pp. 418-433) Abstract only. Full text of article can be purchased from the publisher.
- One Billion Enforcers, by Alex Wang. (The Environmental Forum vol. 24, no. 2, March/April 2007) Copyright(c) 2007 Environmental Law Institute(r), Washington, DC. Posted with permission from The Environmental Forum.
- Vermont Journal of Environmental Law, vol. 8, issue 2 ( Spring 2007) contains a number of articles relating to the Chinese environmental regulatory system.
2006
- Comparative Analysis of Air Pollution Trading in the United States and China, by Heather Jarvis and Wei Xu (Environmental Law Reporter News & Analysis, vol. 36, Issue 3, March 2006, p. 10234) (PDF, 17 pp, 369K) Copyright(c) 2006 Environmental Law Institute(r), Washington, DC. Posted with permission from the Environmental Law Institute.
- Environmental Law and Policy In The People's Republic of China, by Stefanie Beyer (Chinese Journal of International Law, vol. 5, no. 1, February 2006, pp. 185-211) Abstract only. Article is available for purchase from the publisher.
2005
- China’s Increasing Focus on Europe: Trends and Implications for the Development of Chinese Environmental Law, by
Richard J. (“Tad”) Ferri (International Environmental Law Committee Newsletter, Vol. 7, no. 2, May 2005, p. 1)
2001
- Clean Air, Clear Processes? The Struggle over Air Pollution Law in the People's Republic of China, by William P. Alford and Benjamin L. Liebman (Hastings Law Journal, vol. 52, no. 3, March 2001, p. 703)