1. Development of Environmental Law in China: 1978-2013 Prof. Dr. Qin Tianbao Research Institute of Environmental Law Wuhan University

2. 2 Table of Contents 1.Environmental Problems in China 2. “Big picture” Overview of Environmental Law in China 3. Progress and Problems of Environmental Law in China 4. Trends of Development

3. 3 1. Environmental Problems in China

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10. 10 1. Environmental Problems in China

11. 11 1. Environmental Problems in China

12. 12 1. Environmental Problems in China

13. 13 1.Environmental Problems in China

14. 14 2. “Big Picture” Overview 1. Historic Development 2. Legal Framework 3. Administrative Structure

15. 15 2. “Big Picture” Overview-Historic Development

16. 16 2. “Big Picture” Overview 1. Historic Development - Timeline (1) Preliminary and Starting stage : 1978-1982 1978 Constitutional law 1979 Environmental Protection Law (for trail) (2) Developing and Forming Stage: 1982-1999 1982 Constitutional law 1989 Environmental Protection Law (3) Improvement and Reform Stage: 1999-2008 The Development in Constitutional Law Amendment and enactment of environmental law Macro-policy

17. 17 2. “Big Picture” Overview 2. Legal Framework (1)

18. 18 2. “Big Picture” Overview 2. Legal Framework (2) Constitutional Law (1982) Art.26: The state shall protect and improve the living environment and ecological environment, and prevent pollution and other public nuisance. Art.9: two kinds of ownership for natural resources Environmental Protection Law (1989) made lots of institutional innovations, signing that Chinese environmental law comes into a new stage (quasi-basic environmental law) China made mangy achievements in fields of both pollution control and natural conservation, and formed a system of environmental law.

19. 19 2. “Big Picture” Overview 2. Legal Framework (3) : Progress & Problem Progress: It has been an independent legal department. It has formed an system with the Environment Protection Law as a core and containing the subsections of pollution prevention law, nature resources use and management law, land remediation law, nature disaster restoration law,etc. Problem: On one hand, the legal system of Chinese environmental law needs further development. For example, the 1989 Environment Protection Law has many disadvantages in both its enacting organ and main content. On the other hand, there are some internal conflicts between the different environmental laws, especially the laws which were enacted earlier.

20. 20 National People's Congress State Council Environment and Resources Protection Committee Environment Protection Minister Provincial Municipal and Rural Environment Protection Committee Municipal Municipal and Rural Environment Protection Committee Municipal and Rural Environment Protection Committee at County Level Provincial Environmental Protection Bureau Municipal EPB EPB at County Level Relevant sections Environment Protection Committee under the State Council （ abolished in1998 ） Relevant sections such as land, forestry and water resources ministries 3. Administrative Structure for Environmental Protection in P.R.China

21. 21 2. “Big Picture” Overview 3. Administrative Structure (2) 1974-1982: Environment Protection Leading Group 1982-1988: Construction Ministry-Environment Protection Department 1988-1998: National Environmental Protection Agency (NEPA, Vice ministry level) 1998-2008: State Environmental Protection Administration (SEPA, ministry level) 2008-now: Ministry of Environment Protection-MEP

22. 22 2. “Big Picture” Overview 3. Administrative Structure (3):Progress & Problem Progress: China has established an administrative system, where the National People's Congress legislates and supervises, the government enforces. And the unified administration and management combines with division of responsibility, centralized regulation combines with local administration. Problem: The duty among different departments conflicted and intersected, which is aggravated by the lack of leadership between them. Thus it leads to the “mission creep” competition and buck passing.

23. 23 3. The Progress and Problems 1. Fundamental Principles 2. Legal Regimes 3. Enforcement

24. 24 3. The Progress and Problems 1. Fundamental Principles (1) progress The idea of sustainable development has permeated into every aspect of daily life and become the guiding ideology in development environmental law. In past years the concepts of prevention and precaution, polluter pays and public participation has been introduced into environmental law and become its principles.

25. 25 3. The Progress and Problems (2) Problem The guiding ideology and principle keeps in tough with the shift of national policy and development strategy in China, which may affect the stability and the authority of environmental law.

26. 26 3. The Progress and Problems 2. Legal Regimes (1) Progress The classic conclusion: the old three (EIA, Three- Simultaneous Regulation, Pollution charge); the new five (pollutant discharging license, centralized pollution control, undertaking treatment within a prescribed limit of time ) New emphasis: environmental tax and charges, integrated eco-system management, cleaner production, payment for environmental services

27. 27 3. The Progress and Problems (2) Problem There are only abstract regulations but not practical and operational rules. Eg. The SEA, post- evaluation are not contained in 2002 Environment Impact Assessment Law. This is also true with the regime of payment for environmental services. This is also the main reason of the bad achievements of effectiveness of these legal regimes

28. 28 3. The Progress and Problems 3. Enforcement (1) progress Chinese environmental legal system has come into a new stage when it lays as much importance in legislation as in enforcement. The effectiveness is improved significantly. And to some extent such administrative system has solved environmental problems. Especially since 2000, the environment enforcement has lead the system construction to a higher level, eg. “EIA Storms”.

29. 29 3. The Progress and Problems (2) problem decentralization of the horizontal authorities separation of environmental protection departments in vertical direction Shortage of enforcement personnel, equipment and fund, etc. Reason: Local protectionism; esp. the power of funding and personnel belongs to local government; The economical benefits, for example, the pursuit of GDP.

30. 30 4. Trends of Development 1. Scientific and Economic Incentives Scientific technology and economic incentives will play a more important role in environmental law. 2. Public Participation: Civil right progress will strengthen supervision to environmental law enforcement. 3. Environmental Enforcement: Judicial department will play more important role in environmental protection. 4. Internationalization of Environmental Law: International cooperation spurs stricter environmental legislation.

31. 31 Thank you !