Dispute Resolution and Power Project Permitting in China

Texas Journal of Oil, Gas & Energy Law, Vol. 5, p. 357, 2010

University of Texas Law School Alternative Dispute Resolution Symposium, March 31, 2010

50 Pages Posted: 24 Nov 2011 Last revised: 28 Nov 2011

Francis Gradijan

University of Texas at Austin - School of Law

Date Written: February 23, 2010

Abstract

China's alternative dispute resolution processes (ADR) allow arms-length citizen input into power projects, but citizens only had limited meaningful input into several power projects that are among those that added more than 330 gigawatts to China's grid in the past four years. This article analyzes dispute resolution tools in China and it presents case studies that explore citizen involvement in two projects: the Nu River hydropower project and the Nansha refinery. Although citizens' influence is primarily indirect, some of China's permitting processes have been influenced by after-the-fact xinfang dispute resolution and government citizen-interest "champions." The studies demonstrate a tentative movement towards greater, but still highly limited, citizen participation while China continues to rapidly expand its power capacity.

(The final version is on the TJOGEL website, which I cannot link to due to SSRN policy; this is the draft version that was submitted to TJOGEL).

Keywords: China, Dispute Resolution, xinfang, ADR, China ADR, Nansha Refinery, Nu River, China Power, China Hydropower, China xinfang

Suggested Citation

Gradijan, Francis, Dispute Resolution and Power Project Permitting in China (February 23, 2010). Texas Journal of Oil, Gas & Energy Law, Vol. 5, p. 357, 2010. Available at SSRN: https://ssrn.com/abstract=1557952

Francis Gradijan (Contact Author)

University of Texas at Austin - School of Law

727 East Dean Keeton Street
Austin, TX 78705
United States

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