Moving Towards “Ecological Civilization” in the Anthropocene: The Future of Environmental Law in China

Abstract

The widespread environmental degradation caused by human activities has resulted in the advent of a new era: the Anthropocene. In responding to this dramatic change, the system of rules regulating human behaviors should be reshaped. In the process of self-reflection on its ecological crisis, China has developed the idea of a transition to an “ecological civilization”. Therefore, environmental law in China will play a crucial role in this process which requires a thorough re-examination and transformation of existing law and institutions. This chapter is comprised of three sections. First, the strategy of “ecological civilization” initiated by the Chinese government and its relevance to the Anthropocene are discussed. The concept of the Anthropocene and ecological civilization both require adjustment in humans’ attitudes towards nature and human interactions with nature. Next, the chapter examines the three main challenges to the transformations of environmental law in China in moving towards “ecological civilization”. The interactions between the rules of supra-national, national and local levels constitutes the first challenge. It is argued that efforts should be made both in ways of “top-down” and “bottom-up”. The second challenge is the coordination of the administrative and the party accountability mechanism in terms of implementation. Thirdly, fragmented rules on the legal standing for environmental litigation require systematization in order to enhance the access to environmental justice. The concluding section broadens the discussion to encourage legal scholars to adopt inter-disciplinary and trans-disciplinary methods to reposition the role of environmental law in China in a comprehensive and integrated way.