Is China's Development Path Sustainable? An Overview on the Legal and Policy Framework in Relation to Environmental Protection in China

Asian Journal of WTO & International Health Law and Policy, Vol. 2, No. 2, pp. 399-456, September 2007

58 Pages Posted: 5 Oct 2007

See all articles by Shun Yong Yeh

Shun Yong Yeh

Asian Centre for WTO & International Health Law and Policy

Abstract

During the past few decades, China has witnessed an unprecedented economic growth, which has substantially elevated China's position in the global political arena. Yet this seemingly miraculous development comes with a very dear price to its already fragile environment. This article attempts to provide an overview of the current critical situation of China's environment, the attribution factors and the Government's current policy and action in mediation. The evidence used in support of the propositions in this article derives principally from the Chinese Government's own account of the situation as well as working papers and reports prepared by international organization such as the World Health Organization, United Nation Development Programme, the World Bank, etc. Due to vast quantities of regulations and polices in the area relating to environmental protection in China, this article has selectively analyzed three relatively important pieces of regulations recently introduced to demonstrate the commitment of the current leaders of the Communist Party of China in resolving, or rather realistically, to contain the problems. This article concludes that if China could implement all the policies recently promulgated by the State Council, China could well progress in a better sustainable manner. However the article also raises the concern that the success of implementation requires a consistent commitment from all level of cadres in the Chinese bureaucracy. In the absence of a democratic government and a lack of statutory environmental right vests with its citizen, the success in attaining and further sustainable development rests with the Chinese bureaucracy and what's more, at the mercy of the authoritative few at the top of the hierarchy.

Keywords: sustainable development, pollution, environmental protection, public health, green GDP

JEL Classification: K33

Suggested Citation

Yeh, Shun Yong, Is China's Development Path Sustainable? An Overview on the Legal and Policy Framework in Relation to Environmental Protection in China. Asian Journal of WTO & International Health Law and Policy, Vol. 2, No. 2, pp. 399-456, September 2007, Available at SSRN: https://ssrn.com/abstract=1019401

Shun Yong Yeh (Contact Author)

Asian Centre for WTO & International Health Law and Policy ( email )

No.1, Sec.4, Roosevelt Road
Taipei, 10617, 10617
Taiwan

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