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Edited by Qin Tianbao

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Edited by Qin Tianbao

This Handbook provides a comprehensive review of the salient content and major developments of environmental law in transitional China. The core concepts, basic mechanisms and key challenges of Chinese environmental law are discussed, extending the frontier of understanding in this fundamental area. Previous knowledge of Chinese environmental law is built upon, taking into consideration the concerns of how to face environmental issues in the context of economic growth. Readers will gain an in-depth understanding of the nuances of environmental law in China from this extensive overview.
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Tianbao Qin and Meng Zhang

Abstract

Currently China’s ETS (Emissions Trading Scheme) is going through a dynamic, varying and vigorous phase of local pilot experiments via a bottom-up approach pushed by incentive central policies. Although China has made remarkable progress on the development of emissions trading, there is still a long way to go to achieve the final goal. Based on the description and analysis concerning the specific features of the local pilots, we may draw a conclusion on the important problems at present and what China can do to achieve a sustainable development of a national ETS in the future. Key issues for the next pilot stage are the formulation and enforcement of a transparent and harmonious regulatory framework at both national and regional levels, capacity building, particularly concerning enterprise participation and creating a reliable carbon market, and, finally, the fusion of the Chinese ETS into the Asian and the international carbon market.

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Qin Tianbao and Zhou Chen

As its name indicates, this chapter describes an overall picture in which Chinese concurrent environmental laws have been formulated, implemented and enforced and then further developed, with all the necessary background information for a better understanding through a broader perspective. Several general and crucial issues are under intense discussion here, such as the basic Chinese situation on environmental degradation, its history of domestic environmental legislation and its institutional construction. Basically, this chapter adopts a holistic approach, taking a global view but with a focus on the regional and domestic levels. The element of time is important when we are trying to deepen the analysis on some key issues. For instance, we illustrate, briefly, the evolvement of the 1989 Environmental Protection Law, in particular its latest amendment released in 2014. In addition, Chapter 1 contributes to the entire book, by identifying the striking Chinese characters. These much-needed indigenous features are likely to be verified, where possible, in the rest of the chapters that each deal with individual specific areas. In the final part of this chapter the scope and stricture of the proposed handbook is outlined for guidance.
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Zhou Chen and Qin Tianbao

Chapter 19 is a comprehensive conclusion for the entire handbook. Based on the previous discussions on every single legislative area in China’s environmental protection, this chapter focuses mostly on the general recollection of the major and most remarkable endeavors the Chinese environmental legislature has achieved in the past decades. And, as a logic consequence, it throws light on the comments in a prudent and constructive term, which in turn mirrors some important opinions in the very first chapter such as the striking Chinese features. For specific environmental issues, individual chapters (from 2–18) have a wealth of information, illustrating them with various examples from all over the China. To a large extent, they are framed and self-concluded. This final chapter is, therefore, freed from having to complete more details on the relevant areas. Instead, it looks ahead, highlighting the mainstream trends and prospects of Chinese environmental protection activities and legislative progress, which is of particular importance under the new context of the China’s judiciary reformation: the era of rule of law as well as ecological civilization construction.
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Edited by Paul Martin, Li Zhiping, Qin Tianbao, Anel Du Plessis, Yves Le Bouthillier and Angela Williams

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Edited by Paul Martin, Li Zhiping, Qin Tianbao, Anel Du Plessis, Yves Le Bouthillier and Angela Williams

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Edited by Paul Martin, Li Zhiping, Qin Tianbao, Anel Du Plessis, Yves Le Bouthillier and Angela Williams

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Edited by Paul Martin, Li Zhiping, Qin Tianbao, Anel Du Plessis, Yves Le Bouthillier and Angela Williams

This timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine.