Explaining the Failure of Environmental Law in China

95 Pages Posted: 16 May 2019

See all articles by Guangdong Xu

Guangdong Xu

China University of Political Science and Law

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Date Written: April 1, 2016

Abstract

We examined the role of China’s political system in shaping China’s current environmental status quo. We will show that economic growth has inexorably become an overriding objective that derives from the Party’s desperation to maintain power because increased wealth accumulation supports the regime by appeasing the people, co-­opting powerful elites, and strengthening the security apparatus. Environmental protection is not vital to the Party’s survival and therefore is sacrificed for economic growth, at least until pollution-­related unrest endangers the Party. Consequently, ordinary citizens are deprived of the right to participate in environmental decision making, industrial enterprises are encouraged to expand at the cost of both the environment and citizens’ health, and officials are incentivized to prioritize economic growth and fiscal revenue over environmental sustainability and human welfare. It is therefore not surprising to find both a rapidly growing economy and an environment that is nearly collapsed in China.

Keywords: environmental law, air pollution, surface water pollution, economic growth, government failure, barriers to access to justice, enforcement

JEL Classification: K31, K33

Suggested Citation

Xu, Guangdong and Faure, Michael G., Explaining the Failure of Environmental Law in China (April 1, 2016). Columbia Journal of Asian Law, 2016, Vol. 29(2), 1-95, Available at SSRN: https://ssrn.com/abstract=3372951 or http://dx.doi.org/10.2139/ssrn.3372951

Guangdong Xu

China University of Political Science and Law ( email )

25 Xitucheng Rd
Haidian District
Beijing
China

Michael G. Faure (Contact Author)

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

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