Book contents
- Climate Change Litigation in the Asia Pacific
- Climate Change Litigation in the Asia Pacific
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Foreword
- Abbreviations
- Introduction
- Part I Theoretical Underpinnings and Implications of Climate Change Litigation
- Part II International Law and International Adjudication
- Part III Domestic Law and Domestic Adjudication
- Part IV China, Courts and Climate Change
- 12 Climate Change Litigation: A Promising Pathway to Climate Justice in China?
- 13 The Subordinate and Passive Position of Chinese Courts in Environmental Governance
- 14 Tort-Based Public Interest Litigation on Air Pollution in China: A Promising Pathway for Chinese Climate Change Litigation?
- Index
12 - Climate Change Litigation: A Promising Pathway to Climate Justice in China?
from Part IV - China, Courts and Climate Change
Published online by Cambridge University Press: 06 November 2020
- Climate Change Litigation in the Asia Pacific
- Climate Change Litigation in the Asia Pacific
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Foreword
- Abbreviations
- Introduction
- Part I Theoretical Underpinnings and Implications of Climate Change Litigation
- Part II International Law and International Adjudication
- Part III Domestic Law and Domestic Adjudication
- Part IV China, Courts and Climate Change
- 12 Climate Change Litigation: A Promising Pathway to Climate Justice in China?
- 13 The Subordinate and Passive Position of Chinese Courts in Environmental Governance
- 14 Tort-Based Public Interest Litigation on Air Pollution in China: A Promising Pathway for Chinese Climate Change Litigation?
- Index
Summary
While there has been climate change litigation in the United States, European Union and twenty-six other countries, it is notable that China is missing from this trend. Nevertheless, recent legal developments in China show that the country is opening its doors to climate change litigation. This chapter engages in a theoretical analysis of the prospects for climate change litigation in China. It canvasses potentially available forms and types of claims for climate change litigation in China, with analysis focusing on China’s current legal framework as well as utilizing empirical evidence from other countries’ climate change litigation experience and China’s progress in other types of environmental litigation. The chapter also analyses the factors that are either obstacles or impetuses for promoting climate change litigation, and provides an overall assessment of the prospects for climate change litigation in China. The chapter concludes by making some proposals for China to further its legal initiatives and reforms to advance climate change litigation.
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- Information
- Climate Change Litigation in the Asia Pacific , pp. 331 - 364Publisher: Cambridge University PressPrint publication year: 2020