American, European and Japanese environmental experts are familiar elements of environmental laws of China. China has paid heavily for a number of international sources and experts in the development of their legislation, but the end product is, in almost all cases, only Chinese.
Founding environmental law in China is, logically, the environmental protection act. It was introduced on an experimental basis in 1979 and modified and favored without the designation of "test", in 1989. This law contains the seeds of most environmental laws introduced since 1979. In fact, the Act contains little more seeds, which consists of only 47 provisions with an average of two or three sentences in length.
Following closely on the heels of the law on environmental protection were a set of laws that establish an environmental regulatory structure for China, which is specific to media, end-of-pipe (which controls the discharge of pollutants rather than its creation-) and command and control, which means that it is based on the administrative implementation of environmental performance standards. Water, air, solid and hazardous waste and noise pollution were each directed by various laws (two in the case of water). In its first incarnation, these laws called for the establishment of ambient air, water and noise standards and limits of discharge based on the concentration of air and water pollution and decibel for noise pollution limits.
Discharges of pollutants from an operational installation above the limits could be the owner of the resource administrative sanctions, but generally it was (where such actions were directed at all) in order to reduce the level of downloads within a specified period of time. Solid and hazardous waste regulations had imposed fewer obligations, mainly due to the lack of effective options for disposal of these wastes away from the site during the early stages of environmental legislation.
The obligations laid down in the law on environmental protection and was echoed in media specific laws is refined by specific rules and became de facto regulations between independent media programs. For example, a set of regulations provide for assessments of environmental impact (EIA) eventually gave rise to a new law and EIA has become the main point of entry in regime of environmental law in China for most of the entities.
Pipe final regulatory models are relatively effective in the reduction of pollutant loads if the number of "pipes" is constant or growing at a slow pace, but given the rapid development of China, it became clear that although existing entities were in compliance with the limitations of management based on the original concentration (clearly an inapplicable assumption in China), the number of new pollutants built facilities would result at the same time loads of pollutants. As a result, China began to introduce limits "overall charge" in its regulatory model to limit the total discharge of certain pollutants "important".
He also began to take advantage of international experience with regulatory models that promote sustainability. Clean production Act and the Act of Circular economy were products of this approach in the interruption of the creation: not only the performance: pollutants. In general terms, these laws impose obligations to manufacture products in a cleaner, more efficient way, using less dangerous raw materials, energy and water, and produce less toxic waste.
Some of the most recent China regulatory schemes (none of which has taken the form of a national law) have emerged in reaction to Regulation enacted in other places, especially in the European Union. And it is therefore a China reach new chemicals, a RoHS China to restrict hazardous substances in the same team of regular and a WEEE in China to deal with the recycling and disposal of waste electrical and electronic. However, these names, while the little convenient hands, suggest more parallels between European and Chinese regulatory approaches that really exist.
Pilot projects have been initiated to test variations of market based on the traditional command and control models. Experimental sulphur dioxide trading programs have been in some places, mainly plants that should install devices for monitoring emissions sophisticated enough to support the creation of a trade regime. Environmental Exchange have been established in Beijing, Shanghai, Tianjin and in anticipation of the day when large regional or national markets are created by a system of CAP and trade the conventional pollutants and carbon emissions.
While the China environmental law regime comprises a set of national laws and regulations similar to many Western models, it is important to understand that the Chinese tend to define the fundamental aspects of its environmental legislation in terms of a set of principles or systems, not individual national laws.
As the Dr. Yin Fucai Anhui Province Office of environmental protection said: "[i] n China, every environment man knows eight political and environmental regulations." Or seven or 10 depending on what "environmental man" who is talking about, but the perspective revealed by this Declaration is the same. Most observers seem to be attributed to the notion that there are "three principles" (for example, "polluter pays") and the least seven generally accepted "rules of management" (for example the system of "Three simultaneous" - which requires that established a facility and its pollution control measures are designed, constructed and put into operation at the same time) in the center of the plan of environmental regulation in China.
These principles and systems were formulated during the three national conferences for the protection of the environment in 1973, 1983 and 1989 and as set forth in the statements summarize the proceedings of the Conference. All of them were incorporated into the version of 1989 of the law on environmental protection and other laws and regulations adopted subsequently.
Seen as a piece of legislative craftsmanship, China environmental law system covers most of the necessary topics. As applied, however, hangs in China as an unpacking suit: here too strong, too broad there; succeed only in making everyone uncomfortable and that require a set of temporary solutions. Some of the problems can be resolved easily. Others require changes in the structure of governance in China, involving fundamental changes in the distribution of power and require great political will to implement.
Charles McElwee is an adjunct professor of law at Shanghai Jiaotong University and the official program for the climate policy at ClimateWorks Foundation. He is the author of the environmental right in China: mitigating risks and ensuring compliance with rules. The views expressed herein are their own and not necessarily those of the organizations with which it is affiliated.
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