8.2 Environmental governance and policy implementation
4 min read•august 9, 2024
China's environmental governance has evolved significantly, focusing on balancing economic growth with ecological protection. Key laws, like the , and initiatives like the , shape the nation's approach to .
Environmental policies in China now emphasize concepts like and . These strategies aim to create a more harmonious relationship between human activities and nature, while also considering the environmental costs of economic progress.
Environmental Policies and Regulations
Key Environmental Laws and Initiatives
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- Environmental Protection Law serves as the cornerstone of China's environmental legislation
- First enacted in 1989, revised in 2014 to strengthen enforcement
- Establishes basic principles for environmental protection
- Outlines responsibilities of government, enterprises, and citizens
- Provides legal basis for environmental impact assessments and pollution control measures
- Five-Year Plans incorporate environmental targets and policies
- Started including environmental goals in the 6th Five-Year Plan (1981-1985)
- Recent plans emphasize sustainable development and ecological protection
- 13th Five-Year Plan (2016-2020) set targets for air quality improvement and carbon intensity reduction
- 14th Five-Year Plan (2021-2025) focuses on carbon neutrality and green development
- Green GDP attempts to measure economic growth while accounting for environmental costs
- Introduced in 2004 as an alternative to traditional GDP calculations
- Subtracts costs of environmental damage and resource depletion from conventional GDP figures
- Aims to provide a more comprehensive view of sustainable economic development
- Faced challenges in implementation due to difficulties in quantifying environmental impacts
Ecological Civilization and Environmental Assessments
- Ecological civilization promotes harmonious coexistence between humans and nature
- Introduced as a national strategy by President in 2012
- Emphasizes balancing economic development with environmental protection
- Incorporates concepts of green development, circular economy, and low-carbon growth
- Aims to transform China's economic model to be more sustainable and environmentally friendly
- Environmental Impact Assessments evaluate potential environmental effects of projects
- Mandated by the of 2003
- Required for major construction projects, plans, and policies
- Assesses potential impacts on air, water, soil, ecosystems, and human health
- Involves and expert consultation in the assessment process
- Can result in project modifications or rejection if environmental risks are deemed too high
Enforcement and Accountability
Environmental Enforcement Mechanisms
- holds polluters financially responsible for environmental damage
- Incorporated into Chinese environmental law and policy
- Requires polluters to bear the costs of pollution prevention and control measures
- Implemented through fines, taxes, and fees on emissions and resource use
- Encourages companies to adopt cleaner production techniques and invest in pollution control technologies
- specialize in handling environmental cases
- First established in 2007, with over 1,000 environmental courts and tribunals by 2020
- Handle civil, administrative, and criminal cases related to environmental protection
- Aim to improve efficiency and expertise in resolving environmental disputes
- Employ judges with specialized knowledge in environmental law and science
Local Government Environmental Responsibility
- Local government accountability for environmental protection has increased
- Environmental performance incorporated into cadre evaluation systems
- Officials can face career consequences for environmental failures or cover-ups
- Implementation of "environmental protection veto" system in some regions
- Allows environmental targets to override economic growth goals
- Increased central government inspections and oversight of local environmental efforts
- Challenges in local enforcement persist due to competing priorities
- Economic growth often prioritized over environmental protection
- Local protectionism can shield polluting industries from regulation
- Insufficient resources and expertise at local levels for effective enforcement
- Corruption and collusion between local officials and polluters remain issues in some areas
Stakeholders and Participation
Government Environmental Agencies
- leads national environmental protection efforts
- Formed in 2018 by merging several environmental-related agencies
- Responsible for policy formulation, standard-setting, and monitoring
- Oversees implementation of environmental laws and regulations
- Coordinates with other ministries and local governments on environmental issues
- Represents China in international environmental negotiations and agreements
- implement policies at provincial and municipal levels
- Responsible for day-to-day environmental monitoring and enforcement
- Issue permits and conduct inspections of industrial facilities
- Handle local environmental complaints and disputes
- Face challenges of limited resources and potential conflicts with local economic interests
Non-Governmental Environmental Actors
- NGO involvement in environmental protection has grown since the 1990s
- Both domestic and international NGOs operate in China
- Activities include public education, research, policy advocacy, and grassroots organizing
- Notable organizations (Friends of Nature, Global Environmental Institute)
- Face restrictions on funding and activities under NGO management laws
- Public participation in environmental decision-making has increased
- of 2008 improved access to environmental data
- Public hearings and comment periods required for some environmental impact assessments
- Social media and mobile apps enable citizens to report pollution incidents
- Environmental protests have influenced policy decisions in some cases (paraxylene plant protests)
Key Terms to Review (18)
Ecological Civilization: Ecological civilization is a concept that promotes a sustainable and harmonious relationship between human society and the natural environment, prioritizing ecological health as a fundamental aspect of societal progress. This idea emphasizes the integration of environmental considerations into economic and social development, encouraging practices that protect ecosystems while fostering human well-being. It serves as a framework for addressing environmental degradation and promoting sustainable governance.
Environmental Courts: Environmental courts are specialized judicial bodies designed to handle cases related to environmental laws and regulations. They aim to address disputes over environmental issues more effectively, ensuring that environmental protection laws are enforced while also providing a platform for communities and individuals to seek justice in matters affecting the environment.
Environmental Impact Assessment Law: Environmental Impact Assessment (EIA) Law is a regulatory framework that mandates the evaluation of the potential environmental effects of proposed projects before they are carried out. This law aims to ensure that environmental considerations are integrated into the planning and decision-making processes, promoting sustainable development and minimizing adverse impacts on the environment.
Environmental Inequality: Environmental inequality refers to the disproportionate exposure of marginalized communities to environmental hazards and the unequal distribution of environmental benefits. This concept highlights how socio-economic status, race, and other factors influence the degree to which different populations experience environmental degradation, access resources, and enjoy a healthy living environment.
Environmental information disclosure regulations: Environmental information disclosure regulations are legal requirements that mandate organizations, particularly those in industries with significant environmental impacts, to provide transparent information about their environmental practices and performance. These regulations aim to enhance accountability and promote public awareness regarding environmental issues, thereby enabling stakeholders to make informed decisions and participate in environmental governance.
Environmental Protection Law: Environmental protection law is a body of regulations and statutes aimed at safeguarding the environment and public health from harmful activities and pollutants. It encompasses a wide range of legal frameworks that govern the use of natural resources, waste management, pollution control, and conservation efforts, ensuring that both current and future generations can enjoy a sustainable environment.
Five-Year Plans: Five-Year Plans are centralized economic and development initiatives implemented by the Chinese government to set specific goals and targets for the economy, infrastructure, and social development over a five-year period. These plans are essential for guiding China's economic policy, resource allocation, and overall strategic direction, impacting various sectors including industrial growth, agricultural production, and environmental sustainability.
Green GDP: Green GDP is an economic metric that accounts for the environmental costs associated with economic growth, aiming to provide a more accurate measure of a country's economic performance by factoring in the degradation of natural resources and the costs of environmental damage. This approach emphasizes sustainability by highlighting the trade-offs between economic development and ecological health, ultimately encouraging policymakers to prioritize environmentally friendly practices.
Greenwashing: Greenwashing is a deceptive marketing practice where a company exaggerates or fabricates its environmental efforts to appear more eco-friendly than it really is. This tactic aims to attract environmentally-conscious consumers while often neglecting genuine sustainability initiatives. It reflects a growing concern in environmental governance and policy implementation, as it undermines the credibility of legitimate green practices and policies.
Lack of enforcement: Lack of enforcement refers to the insufficient implementation or execution of laws, regulations, or policies intended to protect the environment. This issue can lead to ineffective environmental governance, where existing regulations are not followed or monitored properly, often resulting in continued environmental degradation. Without strict enforcement, even well-designed policies can fail to achieve their intended outcomes.
Local environmental protection bureaus: Local environmental protection bureaus are governmental agencies at the municipal or provincial level in China responsible for enforcing environmental regulations and managing local environmental issues. These bureaus play a crucial role in implementing national environmental policies on the ground, monitoring pollution, and ensuring compliance with laws aimed at protecting the environment.
Ma jun: Ma Jun is a prominent Chinese environmentalist and advocate for sustainable development who has played a key role in raising awareness of environmental issues in China. His work emphasizes the importance of integrating environmental protection into economic development strategies, addressing the significant environmental challenges the country faces due to rapid industrialization and urbanization.
Ministry of Ecology and Environment: The Ministry of Ecology and Environment (MEE) is a key government agency in China responsible for formulating and implementing policies related to environmental protection, ecological conservation, and sustainable development. It plays a crucial role in overseeing environmental governance in China by ensuring compliance with laws and regulations, monitoring pollution levels, and promoting ecological restoration efforts across the country.
Polluter pays principle: The polluter pays principle is an environmental policy concept stating that those who produce pollution should bear the costs associated with managing it to prevent damage to human health or the environment. This principle encourages companies and individuals to consider the environmental impact of their actions and promotes accountability in environmental governance and policy implementation.
Public participation: Public participation refers to the process by which individuals and communities engage in decision-making, especially in governance and policy-making contexts. This process is crucial for ensuring that diverse perspectives are heard and considered, ultimately enhancing the legitimacy and effectiveness of policies. In the realm of environmental governance, public participation helps create a more informed citizenry, fosters collaboration between stakeholders, and leads to more sustainable outcomes by incorporating local knowledge and values into policy implementation.
Regulatory capture: Regulatory capture occurs when a regulatory agency, established to act in the public interest, becomes dominated by the industries it is supposed to regulate, leading to decisions that favor those industries over the public good. This often happens when regulators develop close relationships with industry representatives, resulting in policies that may not effectively address the issues they were created to solve.
Sustainable development: Sustainable development is a holistic approach to growth that seeks to meet present needs without compromising the ability of future generations to meet their own needs. It integrates economic growth, environmental protection, and social equity to create a balanced framework for progress, emphasizing long-term viability over short-term gains.
Xi Jinping: Xi Jinping is the General Secretary of the Communist Party of China and the President of the People's Republic of China, having assumed power in 2012. His leadership is characterized by a strong emphasis on consolidating power, promoting economic reform, and asserting China's role on the global stage.