Climate Change Litigation in China: Barriers and Pathways

Abstract

China has been known for its government-oriented method in tackling climate issues, yet the role played by Chinese judiciary in its national response to climate change remains obscure. This article fills the gaps by focusing on the following sub-questions:1) what are the legal barriers and favorable preconditions for the emergence of CCL in China?; 2) if CCL were to occur, what would be the most likely pathway ? An analysis of Chinese legal preconditions reveals that, while some normative and institutional barriers stand in the way, some preconditions have already been satisfied or in the process of preparing. Having compared the preparation of legal preconditions for possible patterns of Chinese CCLs and the motivation of potential plaintiffs, the article concludes that the most likely pattern for Chinese future CCL would be civil actions brought by the NGOs holding the polluters accountable for causing damages to the climate related public interests.