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

USD -
AED 3.672998
AFN 62.999712
ALL 80.627789
AMD 363.379532
ANG 1.790365
AOA 917.999944
ARS 1519.7392
AUD 1.426116
AWG 1.8
AZN 1.695095
BAM 1.71977
BBD 2.014306
BDT 123.289177
BGN 1.683441
BHD 0.377028
BIF 3012.807267
BMD 1
BND 1.279847
BOB 12.085376
BRL 5.194799
BSD 1.000119
BTN 95.910598
BWP 13.673072
BYN 3.044111
BYR 19600
BZD 2.011325
CAD 1.41407
CDF 2310.000342
CHF 0.82842
CLF 0.024395
CLP 963.230249
CNY 6.71135
CNH 6.71684
COP 3352.38
CRC 454.67135
CUC 1
CUP 24.002321
CVE 96.957999
CZK 21.46965
DJF 177.71987
DKK 6.57683
DOP 59.432581
DZD 133.895063
EGP 51.746697
ERN 15
ETB 163.34979
EUR 0.87974
FJD 2.24975
FKP 0.754629
GBP 0.756885
GEL 2.615034
GGP 0.754629
GHS 11.590355
GIP 0.754629
GMD 73.999974
GNF 8795.817964
GTQ 7.637756
GYD 209.235666
HKD 7.84282
HNL 26.840946
HRK 6.630199
HTG 130.885334
HUF 322.035028
IDR 17992
ILS 3.04725
IMP 0.754629
INR 96.00585
IQD 1310.172301
IRR 1374575.000224
ISK 120.700451
JEP 0.754629
JMD 157.732063
JOD 0.708995
JPY 158.885499
KES 129.45031
KGS 87.449701
KHR 4068.37186
KMF 432.99968
KPW 900.000318
KRW 1369.674965
KWD 0.30892
KYD 0.833348
KZT 441.759759
LAK 22415.75627
LBP 89553.909393
LKR 330.087184
LRD 172.006612
LSL 16.429705
LTL 2.95274
LVL 0.60489
LYD 6.396131
MAD 9.575819
MDL 17.795832
MGA 4384.028981
MKD 54.094692
MMK 2099.566963
MNT 3597.939506
MOP 8.078394
MRU 40.034469
MUR 47.780544
MVR 15.449742
MWK 1734.061354
MXN 17.714102
MYR 4.085397
MZN 63.910162
NAD 16.429561
NGN 1326.000231
NIO 36.808252
NOK 9.516295
NPR 153.46825
NZD 1.768145
OMR 0.3845
PAB 1.000066
PEN 3.388188
PGK 4.455485
PHP 62.830135
PKR 277.092073
PLN 3.85416
PYG 5926.499101
QAR 3.6455
RON 4.641898
RSD 103.380959
RUB 84.99923
RWF 1479.504809
SAR 3.756357
SBD 8.000512
SCR 13.826008
SDG 601.49855
SEK 9.933165
SGD 1.280155
SHP 0.755002
SLE 24.649689
SLL 20969.491881
SOS 571.546649
SRD 37.695016
STD 20697.981008
STN 21.542912
SVC 8.750973
SYP 13002.000254
SZL 16.42566
THB 33.486502
TJS 9.215477
TMT 3.51
TND 2.958465
TOP 2.40776
TRY 48.85422
TTD 6.801985
TWD 31.844797
TZS 2644.997988
UAH 45.026248
UGX 3925.206526
UYU 40.068936
UZS 11810.999389
VES 852.43145
VND 25992
VUV 118.51472
WST 2.751818
XAF 577.071722
XAG 0.01574
XAU 0.000234626123
XCD 2.70255
XCG 1.802315
XDR 0.707052
XOF 577.071722
XPF 104.867465
YER 236.650277
ZAR 16.4476
ZMK 9001.207865
ZMW 19.450905
ZWL 321.999592
SSP 5712.591861
MXV 2.007522
  • RIO

    -0.3300

    97.04

    -0.34%

  • CMSC

    -0.0400

    20.67

    -0.19%

  • RELX

    0.0000

    33.41

    0%

  • RBGPF

    0.0000

    67.95

    0%

  • BCE

    -0.0700

    21.99

    -0.32%

  • BCC

    -0.0300

    75.66

    -0.04%

  • GSK

    0.8600

    51.08

    +1.68%

  • JRI

    -0.0300

    11.52

    -0.26%

  • NGG

    -0.1200

    76.68

    -0.16%

  • CMSD

    0.0900

    20.54

    +0.44%

  • BTI

    -0.0800

    55.75

    -0.14%

  • AZN

    2.0200

    168.1

    +1.2%

  • BP

    -1.4200

    43.16

    -3.29%

  • RYCEF

    0.4600

    19.7

    +2.34%

  • VOD

    0.0700

    17.02

    +0.41%

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