Developing a Climate Litigation Framework: China's Contribution to International Environmental Law

TL;DR

This paper proposes a new legal framework for climate litigation in China, aligning with the 'dual carbon' goals and integrating international insights, to support environmental justice and effective climate action.

Contribution

It develops a theoretical and institutional climate litigation framework tailored to China's legal tradition and strategic climate goals, filling a gap in existing legal practices.

Findings

Proposes a comprehensive climate litigation system for China.

Highlights Hong Kong's ESG practices as a model.

Suggests legal mechanisms for mitigation and adaptation.

Abstract

Although "climate litigation" is not an indigenous term in China, localizing it is essential to support the development of an independent environmental legal knowledge system in China. Rooted in China's judicial tradition, which emphasizes substantive rationality, traditional legal theories have primarily focused on environmental law. However, the contemporary practices in the rule of law have created an unclear trajectory for climate litigation. Research in this area has long been trapped in a paradigm that relies on lawsuits for ecological environmental damage compensation and environmental public interest litigation, leading to a significant disconnect between theoretical frameworks and practical application. With the advancement of the "dual carbon" strategic goals-carbon peaking and carbon neutrality-it has become imperative to redefine the concept of climate litigation within the Chinese context. We need to establish a theoretical framework that aligns with the "dual carbon" objectives while providing theoretical and institutional support for climate litigation, ultimately contributing to the international discourse on climate justice. Additionally, Hong Kong's proactive climate governance and robust ESG (Environmental, Social, and Governance) practices provide valuable insights for developing comprehensive climate litigation mechanisms. Based on this analysis, we propose concrete plans for building a climate litigation system in China, establishing a preventive relief system and a multi-source legal framework at the substantive level and developing climate judicial mechanisms for mitigation and adaptation at the procedural level.