Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-m8qmq Total loading time: 0 Render date: 2024-04-23T10:19:10.903Z Has data issue: false hasContentIssue false

12 - Environmental Public Interest Litigation

Published online by Cambridge University Press:  16 June 2021

Yuhong Zhao
Affiliation:
The Chinese University of Hong Kong
Get access

Summary

Chapter 12 studies environmental public interest litigation (EPIL) including civil and administrative EPIL that aims to protect the public interest in a sound environment. It expands public participation in environmental governance and strengthens environmental law enforcement by allowing the public and procuratorates to play a more effective role in monitoring and supervising both polluters and agencies. The chapter starts with an examination of standing. That is, who are best suited to file EPIL to guard against environmental pollution and ecological destruction for public interest. It then explores China’s experiments with jurisdiction including the use of specialized maritime courts, newly established environmental tribunals, and jurisdiction by designation. It further analyzes the remedies including injunction of the polluting activities, elimination of harm, cleanup of contamination, compensation for loss of ecological function, compelling agency to perform statutory duties, and declaring agency’s acts or omission being unlawful. The chapter concludes with discussion of judicial mediation and the procedural guarantee to ensure the protection of public interest.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×