Development and Outlook of Environmental Public Interest Litigation against Source Water Pollution – A New Judicial Practice in China

2013 ◽  
Vol 316-317 ◽  
pp. 649-652
Author(s):  
Xiao Qin Zhu ◽  
Jin Long He
Keyword(s):  
Water Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Source Water ◽  
District Courts ◽  
Public Interest Litigation ◽  
Judicial Practice ◽  
Set Up

Since 2007, some district courts in China set up Environmental Protection Tribunals, accepting environmental public interest litigations (EPIL) to protect source water. In this article, the authors try to sum up the experiences and problems of these three modes, they are, Guiyang Mode, Wuxi Mode and Kunming Mode. These three modes have respective innovations. They are also facing some challenges. The authors also offer some suggestions to deal with these problems.

The Zhenhua Case: the emergence of civil environmental public interest litigation in China

2021 ◽  
Vol 14 (2) ◽  
pp. 116-128
Author(s):  
Wenjun Yan
Keyword(s):  
Air Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Pollution Control ◽  
Environmental Damage ◽  
Air Pollution Control ◽  
Public Interest Litigation ◽  
First Time ◽  
Restoration Cost

Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.

Enforcing Rights against the State in India

2019 ◽  
pp. 211-279
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Empirical Studies ◽  
The State ◽  
Access To Justice ◽  
District Courts ◽  
Public Interest Litigation ◽  
High Courts ◽  
The Supreme Court

Chapter 4 deals with the issue of lack of access to justice and attempts to find reasons for the inaccessibility of the higher judiciary. While it appears to be clear to observers that the Supreme Court and high courts are not accessible enough, surprisingly, there are actually no empirical studies that examine why this is the case. Some factors can, however, be deduced from a study dealing with the inaccessibility of district courts, that is, the lower judiciary.The fourth chapter also shows that the institution of Public Interest Litigation, for various reasons, cannot compensate for lack of access to justice, and that the state is not properly implementing (or not at all exploring) many other possible alternative mechanisms.

Public Interest Litigation in Environmental Matters: A German Perspective

elni Review ◽  
2007 ◽  
pp. 13-19
Author(s):  
Dora Schaffrin ◽  
Michael Mehling
Keyword(s):  
Public Goods ◽  
Environmental Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Legal Framework ◽  
Public Interest Litigation ◽  
Important Means ◽  
Shed Light ◽  
Critical Aspects

Environmental protection has invariably become one of the central challenges facing modern societies and, by extension, their respective states. Constitutionally endowed with judicial powers, states also have a mandate to guarantee the rights and duties arising from legislation on the environment, including, if necessary, their enforcement. In the process, public interest litigation in environmental matters has acquired growing importance as one important means of achieving this objective. By describing the legal framework for public interest litigation, this article seeks to shed light on an important channel of environmental protection in Germany, whose role in countering environmental pollution and other forms of damage to public goods prior to serious and irreversible deterioration has been consistently on the rise. Against this background, the aim of the article is to provide an introduction to German experiences with public interest litigation in environmental matters, both with a view to its success to date and also to more critical aspects.

Part IX International Environmental Law in National/Regional Courts, Ch.62 China

2021 ◽  
Author(s):  
Lin Jolene S
Keyword(s):  
Environmental Protection ◽  
Public Interest ◽  
Environmental Law ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
Human Environment ◽  
Public Interest Litigation ◽  
Republic Of China ◽  
Global Environmental ◽  
Environmental Diplomacy

This chapter investigates international environmental law (IEL) in the courts of China. It is noteworthy that the first international conference that the People's Republic of China (PRC) participated in after it was formally recognized by the United Nations (UN) in 1971, was the 1972 UN Conference on the Human Environment (Stockholm). It is widely recognized that this conference brought environmental protection onto the Chinese government's radar and led to the promulgation of the Environmental Protection Law in 1979. Since then, China has signed or ratified nearly all multilateral environmental agreements (MEAs) and is an active participant in global environmental diplomacy. However, Chinese courts do not play a significant role in interpreting or developing IEL. Even if environmental litigation were to flourish due to the steps taken to encourage environmental public interest litigation (EPIL), it is unlikely that IEL will feature prominently in the jurisprudence.

scholarly journals Application of Internet and Big Data Technology to Give Full Play to the Function of Procuratorial Civil Public Interest Litigation in China

2021 ◽  
pp. 516-524
Author(s):  
Qian Zhang
Keyword(s):  
Big Data ◽  
Public Interest ◽  
Main Function ◽  
Public Interests ◽  
Public Interest Litigation ◽  
Core Function ◽  
Data Platform ◽  
Important Means ◽  
Set Up ◽  
The One

The procuratorial civil public interest litigation system is a kind of legal system, which will realize certain legal functions. As an important way for procuratorial organs to exercise their functions and powers, procuratorial civil public interest litigation system in China has many functions: on the one hand, it has the core function of protecting social public interests; on the other hand, it has the main function of enforcing laws, forming public policies and promoting social governance; and it has the guiding function of providing reference for similar reforms. How to fully give play to the function of procuratorial civil public interest litigation, the big data is an important means. Procuratorial organs should make full use of the information of data platform, and enhance the joint efforts of public welfare protection, and set up the thinking of handling cases with information and improve application ability, so as to plug in "wisdom wings" for the procuratorial civil public interest litigation.

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