Environmental Justice with Chinese Characteristics: Recent Developments in Using Environmental Public Interest Litigation to Strengthen Access to Environmental Justice

Florida A&M University Law Review, Forthcoming

Vermont Law School Research Paper No. 24-12

42 Pages Posted: 13 Sep 2012

Date Written: September 13, 2012

Abstract

Set against the backdrop of China’s daunting environmental challenges, this article will first discuss how the environmental justice issue manifests itself on Chinese soil and how its evolvement differs from the American experience. This discussion will be followed by an analysis on how environmental public interest litigation, inspired by citizen suits in the U.S., has been fermenting in China and advocated by environmentalists as a new approach to broaden and strengthen access to environmental justice. The article will then move on to analyze three high-profile environmental public interest cases recently brought by a Chinese NGO and a local environmental protection agency, respectively, at two specialized environmental courts, and discuss the important innovations and limitations of these cases. The article will conclude with some further thoughts on the direction of China’s environmental public interest litigation experiment and how it can be effectively employed to strengthen environmental governance and ensure environmental justice for all.

Keywords: environmental justice, public interest litigation, Chinese environmental law

Suggested Citation

Liu, Jingjing, Environmental Justice with Chinese Characteristics: Recent Developments in Using Environmental Public Interest Litigation to Strengthen Access to Environmental Justice (September 13, 2012). Florida A&M University Law Review, Forthcoming, Vermont Law School Research Paper No. 24-12, Available at SSRN: https://ssrn.com/abstract=2146002

Jingjing Liu (Contact Author)

Vermont Law School ( email )

68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States
802-831-1276 (Phone)

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