The Fort Worth Press - In China, climate litigation starts with the state

USD -
AED 3.672504
AFN 63.000368
ALL 82.776172
AMD 376.396497
ANG 1.790083
AOA 917.000367
ARS 1391.503978
AUD 1.422273
AWG 1.8025
AZN 1.70397
BAM 1.687271
BBD 2.010611
BDT 122.494932
BGN 1.709309
BHD 0.377087
BIF 2954.923867
BMD 1
BND 1.276711
BOB 6.898158
BRL 5.313404
BSD 0.998318
BTN 93.32787
BWP 13.612561
BYN 3.028771
BYR 19600
BZD 2.007764
CAD 1.37265
CDF 2275.000362
CHF 0.78844
CLF 0.023504
CLP 928.050396
CNY 6.886404
CNH 6.906095
COP 3669.412932
CRC 466.289954
CUC 1
CUP 26.5
CVE 95.125739
CZK 21.149204
DJF 177.768192
DKK 6.457504
DOP 59.25894
DZD 132.24804
EGP 51.758616
ERN 15
ETB 157.330889
EUR 0.862704
FJD 2.21445
FKP 0.75164
GBP 0.749681
GEL 2.71504
GGP 0.75164
GHS 10.882112
GIP 0.75164
GMD 73.503851
GNF 8750.377432
GTQ 7.646983
GYD 208.85994
HKD 7.83525
HNL 26.423673
HRK 6.511304
HTG 130.966657
HUF 339.680388
IDR 16956.2
ILS 3.109125
IMP 0.75164
INR 94.01055
IQD 1307.768624
IRR 1315625.000352
ISK 124.270386
JEP 0.75164
JMD 156.839063
JOD 0.70904
JPY 159.240385
KES 129.327524
KGS 87.447904
KHR 3989.129966
KMF 427.00035
KPW 899.870128
KRW 1505.310383
KWD 0.30657
KYD 0.831903
KZT 479.946513
LAK 21437.260061
LBP 89404.995039
LKR 311.417849
LRD 182.685589
LSL 16.84053
LTL 2.95274
LVL 0.60489
LYD 6.39089
MAD 9.328473
MDL 17.385153
MGA 4162.53289
MKD 53.176897
MMK 2099.940821
MNT 3585.542519
MOP 8.05806
MRU 39.961178
MUR 46.510378
MVR 15.460378
MWK 1731.096062
MXN 17.898204
MYR 3.939039
MZN 63.903729
NAD 16.84053
NGN 1356.250377
NIO 36.733814
NOK 9.569995
NPR 149.324936
NZD 1.712622
OMR 0.384504
PAB 0.998318
PEN 3.451408
PGK 4.309192
PHP 60.150375
PKR 278.721304
PLN 3.69475
PYG 6520.295044
QAR 3.65052
RON 4.401504
RSD 101.324246
RUB 82.822413
RWF 1452.529871
SAR 3.754657
SBD 8.05166
SCR 13.69771
SDG 601.000339
SEK 9.344038
SGD 1.282504
SHP 0.750259
SLE 24.575038
SLL 20969.510825
SOS 570.504249
SRD 37.487504
STD 20697.981008
STN 21.136177
SVC 8.734849
SYP 110.536894
SZL 16.845965
THB 32.908038
TJS 9.588492
TMT 3.51
TND 2.948367
TOP 2.40776
TRY 44.252504
TTD 6.773066
TWD 32.036704
TZS 2595.522581
UAH 43.73308
UGX 3773.454687
UYU 40.227753
UZS 12170.987361
VES 454.69063
VND 26312
VUV 119.352434
WST 2.727514
XAF 565.894837
XAG 0.014693
XAU 0.000222
XCD 2.70255
XCG 1.799163
XDR 0.703792
XOF 565.894837
XPF 102.885735
YER 238.603589
ZAR 17.12748
ZMK 9001.203584
ZMW 19.491869
ZWL 321.999592
  • RIO

    -2.5000

    83.15

    -3.01%

  • CMSC

    -0.2000

    22.65

    -0.88%

  • RBGPF

    -13.5000

    69

    -19.57%

  • BCE

    0.0600

    25.79

    +0.23%

  • BTI

    -1.3500

    57.37

    -2.35%

  • GSK

    -0.5300

    51.84

    -1.02%

  • BCC

    -1.5600

    68.3

    -2.28%

  • CMSD

    -0.2420

    22.658

    -1.07%

  • RELX

    -0.4600

    33.36

    -1.38%

  • RYCEF

    -1.2600

    15.34

    -8.21%

  • JRI

    -0.3900

    11.77

    -3.31%

  • VOD

    -0.0900

    14.33

    -0.63%

  • AZN

    -5.3300

    183.6

    -2.9%

  • BP

    -1.0800

    44.78

    -2.41%

  • NGG

    -3.5400

    81.99

    -4.32%

In China, climate litigation starts with the state
In China, climate litigation starts with the state / Photo: © AFP/File

In China, climate litigation starts with the state

With thousands of dedicated courts and more than a million recent cases, environmental and climate litigation is booming in China, but it often looks different to the trend seen elsewhere.

Text size:

Instead of a movement led by activists and NGOs, in China climate litigation is dominated by state prosecutors seeking to enforce existing regulations, rather than encourage government climate ambition.

Globally, domestic and international courts have become a new arena in the fight to pressure governments on climate.

Perhaps their most high-profile win came in July at the International Court of Justice, where countries were told they had a legal duty to tackle climate change.

In China though, cases tend to focus on regulatory enforcement and NGOs and activists are largely shut out.

"Courts in China use climate change provisions scattered across various laws and regulations to implement climate policy, rather than bring about policy changes," said Zhu Mingzhe, a legal scholar at the University of Glasgow.

Though many cases "are conducive to climate change mitigation... they don't deal with climate change directly".

China is the world's biggest greenhouse gas emitter, and will determine the planet's climate change trajectory.

Ahead of the COP30 climate talks next month, President Xi Jinping outlined China's first-ever emission targets, pledging to reduce greenhouse gases by 7-10 percent within a decade.

- 'The law grows teeth' -

Those figures fall short of what experts say is needed, but there is little chance they will be challenged in court.

Instead, "the courts and prosecutors make sure the law grows teeth", Boya Jiang, a climate lawyer at ClientEarth in Beijing, told AFP.

A decade ago, local authorities might have escaped sanction for skirting environmental obligations if they achieved economic growth.

Now, "they will be brought to court and there will be severe punishments", said Jiang.

"Companies also have to really consider environmental impacts."

Between 2019 and 2023, courts resolved more than a million cases, according to Chinese state media, up almost 20 percent from the previous five-year period.

China probably has the most comprehensive and "systematically established mechanism" for environmental justice, said Jiang.

And support for bringing cases is widespread, with the central government empowering prosecutors and public opinion in favour, said Lu Xu, a legal scholar at Lancaster University.

"If there is anything that is 'politically correct' for all audiences in China, this is it," he told AFP.

In 2020, for example, prosecutors in Huzhou, eastern China, won a public interest case against a company that had used Freon, a banned ozone-depleting substance and potent greenhouse gas. It was ordered to pay compensation.

Lawsuits on such substances are officially designated "climate change cases", making it the "first public interest litigation on climate change initiated by prosecutors", according to ClientEarth.

And last year, a court concluded that a power generation company's failure to meet carbon trading obligations violated China's climate mitigation goals and people's environmental rights.

- NGOs largely sidelined -

More than 95 percent of potential cases are settled before reaching court though, with the mere threat of litigation an effective enforcement mechanism.

NGOs meanwhile are only bit players, who cannot sue the government or officials.

They can however challenge private and state-owned firms, and in 2017 one of China's oldest environmental NGOs, Friends of Nature, accused state-owned companies of unnecessarily curtailing wind and solar power in favour of more polluting output.

One case was settled in 2023, with the state grid promising to invest in increasing renewable energy on the grid. The second is yet to conclude.

One environmental lawyer serving at an NGO concedes state prosecutors wield more power, but said other actors still play an important role.

Prosecutors will sometimes "consider some local economic interests and pressures, so they don't want to sue", the lawyer, who wished to remain anonymous due to the potential risk to their organisation, told AFP.

NGOs "may be more detached, so we can bring the case".

China's new Ecological and Environmental Code, expected to come into force in 2026, and climate law in the works for nearly a decade, could open the way for broader ambition cases, said Jiang, though it might not pass for up to five more years.

L.Davila--TFWP