Environmental Litigation in China
Экологические судебные разбирательства в Китае
2012-12-11
SCID: 54.1/c88jk8wc
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Chinaenvironmental justiceenvironmental litigationlegal reliefpolitical ambivalence
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Abstract (AI)
This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.
Key Findings
1
Environmental litigation creates space for legal professionals to develop new roles and test the boundaries of what is politically possible.
2
Environmental litigation in contemporary China provides a limited but meaningful avenue for seeking legal relief despite political control and weak courts.
3
Judicial decisions, lawyers’ case choices, and international influence shape how environmental justice operates on the ground.
4
Long-running cases, including a village doctor’s decade-plus challenge to a chemical plant, demonstrate the persistence of some environmental legal struggles.
5
The leadership’s mixed signals and political ambivalence both enable and constrain environmental litigation, producing divergent levels of legal activism and risk-taking.
Research Object
Environmental litigation in contemporary China
Research Subject
How environmental litigation provides legal relief for pollution and creates space for legal professionals to explore new roles amid political control and judicial constraints
Publication Details
Publication Date
2012-12-11
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