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Chinese Journal of International Law Advance Access originally published online on February 17, 2006
Chinese Journal of International Law 2006 5(1):185-211; doi:10.1093/chinesejil/jmk002
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© The Author 2006. Published by Oxford University Press. All rights reserved

BRIEF COMMENTS, ESSAYS & NOTES

Environmental Law and Policy in the People's Republic of China

Stefanie Beyer *

The purpose of this paper is to take a look at the main reasons for the apparent ineffectiveness of the environmental regulatory regime in the People's Republic of China. In order to assess the current state of China's environmental legislation framework, an overview of all major environmental codifications is provided, firstly, by establishing the institutional and historical context and, secondly, by reviewing environmental legislation and policies. This examination will reveal that China's environmental protection regime is surprisingly comprehensive, even though statutory deficiencies exist, and will highlight enforcement tensions between the centre and the periphery—a result of decentralization and growing local protectionism—as major obstacles to the implementation process.

* Dr. Stefanie Beyer, LL.M, works as lawyer in Cologne, Germany (email: StefanieBeyer{at}hotmail.com). This paper constitutes the first part of the master thesis Environmental Law and Policy in the PRC: Shaping an Environmental Protection Regime for "Green Olympics" 2008 in Beijing. I'm grateful to my tutor, Mr Robert Home, Director of Research and Reader in Land Management/APU Cambridge, and to Mr Alexander Beckers, who always has helped me patiently with the layout. The paper was completed on 4 December 2005.


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