1. The North American Agreement on Environmental Co-operation among the United States, Canada and Mexico is an exception. Adopted as part of the NAFTA accord, this agreement provides that one party may submit to the Commission that another party is failing to enforce its own environmental laws. It also requires that each party provide private judicial remedies for environmental harms.Google Scholar

2. U.S. General Accounting Office, International Environment: International Agreements are not Well-monitored (Washington: GAO/RCED-92-43, 01 1992).Google Scholar

3. Robert O., Keohane, Peter M., Haas and Marc A., Levy, “The effectiveness of international environmental institutions,” in Haas, P. M., Keohane, R. O. and Levy, M. A. (eds.), Institutions of the Earth: Sources of Effective International Environmental Protection (Cambridge, MA: The MIT Press, 1994), p. 14.Google Scholar

4. Abram, Chayes and Antonia Handler, Chayes, The New Sovereignty: Compliance with International Regulatory Agreements (Cambridge: Harvard University Press, 1995), pp. 6–8Google Scholar; see also the discussion of the non-zero sum game or co-operative principle in Wang, Yi, China's Position and Role in the Global Environmental Challenge, paper presented to the 1997 China Environment Forum (Beijing: 24–28 02 1997), p. 9.Google Scholar

5. Lynton Keith, Caldwell, International Environmental Policy: Emergence and Dimensions (Durham: Duke University Press, 1984)Google Scholar; Peking Review, 23 06 1972, p. 8Google Scholar; Lester, Ross, Environmental Policy in China (Bloomington: Indiana University Press, 1988), p. 137.Google Scholar

6. Keohane, Haas and Levy, “The effectiveness of international environmental institutions,” p. 16, classifies states by four categories of behaviour: “laggards” which (1) avoid international obligations or (2) accept such obligations but fail to comply with them; and “leaders” which (3) comply with such obligations or (4) lead others to exceed such obligations and assume additional obligations.Google Scholar

7. State Council, “Environmental protection structure and the scope of environmental protection responsibilities and key work items of concerned departments,” Guo huan ban (State Environmental Document) [74] No. 1Google Scholar, reprinted in State Commission on Environmental Protection (SCEP) and People's University Research Office on Population, Environment and Development, A Complete Work on the Policies, Laws and Regulations Concerning China's Environment and Natural Resources (Beijing: Zhongxin chubanshe, 1996), p. 14. The SCEP was abolished in March 1998.Google Scholar

8. Guo, Nei, “Agency given greater powers,” China Daily, 1 04 1998, p. 1. Until March 1998, SEPA was known as the National Environmental Protection Agency. SEPA as used herein will refer to SEPA both under its present and former names.Google Scholar

9. U.S. and Foreign Commercial Service, “The fading of Chinese environmental secrecy” (Hong Kong: American Consulate General, 23 March 1998), paragraphs 13–17. There has been speculation that SEPA will be further elevated to ministerial status in a later round of government restructuring.Google Scholar

10. State Council, “Some regulations on protecting and improving the environment (provisional draft) (29 August 1973),” in China Environmental Management, Economics and Law Society et al. (eds.), Huanjing fa cankao ziliao xuanbian (Compendium of Reference Materials on Environmental Law), Vol. 1 (1982), p. 41, circulated as Appendix 2 to State Council, “Approval of the circulation of the State Planning Commission's report on conditions at the national environmental protection conference.”Google Scholar

11. Law on Environmental Noise Pollution Prevention and Control (1996).Google Scholar

12. The Huai, Hai and Liao rivers; Lakes Tai, Dianchi and Chao; and sulphur dioxide and acid rain emissions controls in parts of every province except Hainan, Tibet and Qinghai. State Council, “Instructions concerning the plan for demarcating the acid rain control regions and the sulphur dioxide pollution control regions submitted for approval” (28 January 1998). On recent developments, see “Environmental protection,” in Chen, Mianhua (ed.), 1998 nian Zhongguo guomin jingji he shehui fazhan baogao (1998 Report on China's National Economic and Social Development) (Beijing: Zhongguo jihua chubanshe, 1998), pp. 282 –290. The focus on particular areas reflects the Chinese government's penchant for implementing policies on a trial basis before applying them nation-wide, as well as the practical constraints presented by funding and other factors.Google Scholar

13. On environmental and energy issues in U.S.-China relations, see Wang, Yi, Zhang, Jiqiang, Wu, Changhua and He, Kebin, “Co-operation of energy and environment on global background: strategic capitals in Sino–American Relations,” Zhanlüe yu guanli (Strategy and Management), No. 6 (1997), pp. 54–59.Google Scholar

14. These and other accomplishments in this regard are recited in the “White paper on China's environmental protection,” People's Daily, 5 06 1996, pp. 1 ffGoogle Scholar. Spending is projected to increase to 1.5% of GDP by 2000, up from 0.7–0.8% in the Eighth Five-Year Plan. Ma, Chenguang, “Plan for greener future,” China Daily, 16 12 1995, p. 1.Google Scholar

15. Li, Peng, “Protecting the environment is a major task facing China,” translated in Lester, Ross and Mitchell A., Silk, Environmental Law and Policy in the People's Republic of China (Westport, CT: Greenwood Press, 1987), pp. 35–43.Google Scholar

16. Jiang, Zemin, “Speech at the Fourth National Environmental Protection Conference,” People's Daily (overseas edition), 19 07 1996, p. 1.Google Scholar

17. Ma Chenguang, “Plan for a greener future.” (China can realize its environmental goals “only … if necessary caution is taken in the nation's rapid development.”)Google Scholar

18. 14–19 June 1991.Google Scholar

19. State Council, “Decisions concerning certain issues in environmental protection (August 3, 1996),” Zhongguo huanjing bao (China Environment News), 13 08 1996, p. 1.Google Scholar

20. Peter M., Haas with Jan, Sundgren, “Evolving international environmental law: changing practices of national sovereignty,” in Nazli, Choucri (ed.), Global Accord: Environmental Challenges and International Responses (Cambridge, MA: The MIT Press, 1993), pp. 405, 410–11.Google Scholar

21. Haas, “Evolving international environmental law,” pp. 416–17.Google Scholar

22. Address of state councillor and SCEP (19 October 1998), in SCEP Secretariat (ed.), Guowuyuan huanjing baohu weiyuanhui wenjian huibian (Compendium of SCEP Documents) (Beijing: China Environmental Sciences Press, 1995), Vol. 2, p. 72Google Scholar, cited in Zhang, Haibing, Lun Zhongguo de huanjing waijiao (On China's Environmental Diplomacy) (unpublished PhD dissertation: Beijing University, 1997), p. 7.Google Scholar

23. State Council, “Decisions on further strengthening environmental protection,” in SEPA and Ministry of Forestry, Quanguo huanjing baohu zhifa jianchao zhinan (Investigation Guide to the Implementation of Nationwide Environmental Protection Laws 1993), p. 132, cited in Zhang, Haibing, On China's Environmental Diplomacy, p. 13.Google Scholar

24. SEPA Policy and Law Section (ed.), Zhongguo huanjing baohu fagui quanshu (1982–1997) (Complete Book of China's Environmental Protection Laws and Regulations (1982–1997)) (Beijing: Chemical Industry Press, 1997).Google Scholar

25. Principle 21, United Nations Conference on the Human Environment.Google Scholar

26. “Priority given to animal, plant sanctuaries,” China Daily, 5 06 1996, p. 4.Google Scholar

27. State Council 1994.Google Scholar

28. Then known as the State Meteorological Administration.Google Scholar

29. Office of the State Climate Change Co-ordinating Small Group, “Conditions for developing follow-on work to the Framework Convention on climate change” (20 12 1992), in Compendium of Documents of the SCEP, Vol. 2, p. 569.Google Scholar

30. Jan, Fuglestvedt et al. “A review of country case studies on climate change,” Global Environment Facility Working Paper (Washington: The World Bank, 1994), No. 7, p. 30.Google Scholar

31. Lin, Zongtang, “Explanation of the ‘Air Pollution Prevention and Control Law of the People's Republic of China (Revised Draft)’” (21 October 1994), in Gazette of the National People's Congress of the People's Republic of China (1995), p. 547.Google Scholar

32. Tom, Korski, “Chinese official says Western nations attempting to shirk climate responsibility,” BNA: Daily Report for Executives, 10 12 1997, p. B-5.Google Scholar

33. The World Bank, Clear Waters, Blue Skies: China's Environment in the New Century (Washington, DC: The World Bank, 1997), p. 34.Google Scholar

34. Although the principal concerns are domestic and even local, a survey by Friends of Nature also found increased coverage of global issues in the media. Liu, Yingtang, “Newspapers fix environment,” China Daily, 20 05 1998, p. 1Google Scholar; State Science and Technology Commission Chinese Research Centre on the Advancement and Development of Science and Technology, “Zhongguo jumin de huanjing zhishi zhuangkuang ji qi duice” (“The state of environmental knowledge among residents of China and corresponding countemeasures”), Diaoyan baogao (Research Report), No. 7 (5 05 1995Google Scholar). For a concise summary of the risks facing China, see Michael B., McElroy and Chris P., Nielsen, “Energy, agriculture and the environment: prospects for Sino–American co-operation,” in Ezra F., Vogel (ed.), Living with China: U.S.–China Relations in the Twenty-first Century (New York and London: Columbia University Press, 1997), pp. 225–27.Google Scholar

35. “China signs Kyoto Protocol on climate change,” Asian Wall Street Journal, 1 06 1998, p. 16.Google Scholar

36. Robert, Repetto and Jonathan, Lash, “Planetary roulette: gambling with the climate,” Foreign Policy (Fall 1997), p. 97Google Scholar; Cheryl, Hogue, “U.S. not ready to reject Kyoto deal, Eizenstat tells House Science Committee,” BNA: Daily Report for Executives, 6 03 1998Google Scholar; “Forecast is dim in the Senate for global warming treaty,” Congressional Quarterly Weekly Report, 13 12 1997, pp. 3068–69.Google Scholar

37. United Nations Conference on Trade and Development (“UNCTAD”), Self-Regulation of Environmental Management (Geneva: United Nations, 1996Google Scholar). The United States has encouraged United States businesses to adopt and implement voluntary codes of conduct for doing business around the world including such areas as environmental protection and environmental practices. Model Business Principles (26 05 1996).Google Scholar

38. Approximately 90 banks have subscribed to the United Nations Environment Programme's Statement by Banks on the Environment and Sustainable Development (1992); National Wildlife Federation, Global Survey on Environmental Policies and Practices of the Financial Services Industry: The Private Sector (Washington, DC: 1997)Google Scholar; United States v. Fleet Factors, 901 F.2d 1550 (11th Cir. 1990); Jaret, Seiberg, “Banks learn clean-up liability fears the hard way,” American Banker, 6 06 1995, p. 3. Lender concern in the United States has been alleviated in part under the Asset Conservation, Lender Liability and Deposit Insurance Protection Act of 1996, enacted into law as Title II. Subtitle E of the FY 1997 Defense Appropriations Act. This statute exempts lenders from the definition of “owner or operator” under Superfund so long as the lender does not “participate in the management” of the property prior to foreclosure. Fiduciary liability also is limited under the new law. U.S. Cong. Conf. Rpt. 104–863 (Sept. 28, 1996). (“Superfund” is the more commonly-used name for the Comprehensive Environmental Response, Compensation and Liability Act (1980) (CERCLA), the fund governing the clean-up of abandoned disposal sites, for example.)Google Scholar

39. The World Bank, Operational Manual, Part 4; The World Bank, Industrial Pollution Prevention and Abatement Handbook (preliminary version, 07 1995). Multilaterals in China are, for example, increasingly reluctant to finance thermal power plants and, when they do, tend to demand stringent compliance with environmental regulations.Google Scholar

40. Article 2, Standardization Law (1988).Google Scholar

41. Article 4, Standardization Law (1988).Google Scholar

42. China Law and Practice, Vol. 3, No. 2 (1988), p. 54.Google Scholar

43. Article 7, Standardization Law (1988).Google Scholar

44. Article 8, Standardization Law (1988).Google Scholar

45. Article 9, Standardization Law (1988).Google Scholar

46. Article 11, Standardization Law (1988).Google Scholar

47. Chapter 4.Google Scholar

48. Formerly the State Bureau of Technology Supervision.Google Scholar

49. Article 12, Standardization Law (1988).Google Scholar

50. State Economic Commission, State Science and Technology Commission and former State Administration of Standards 1982. The scope of international standards provided therein includes: (1) international standards set by (a) international standard-setting organizations, namely the International Organization for Standardization and the International Electrotechnical Commission, and (b) United Nations agencies such as the International Telecommunications Union and standards established by international agreement; and (2) advanced foreign standards set by (a) regional standard-setting organizations such as the European Committee for Standardization, (b) national standard-setting bodies in advanced industrialized countries such as the United States and (c) internationally recognized standard-setting organizations such as the American Society for Testing and Materials, the American Petroleum Institute and Underwriters Laboratories.Google Scholar

51. This section draws heavily on UNCTAD, ISO 14000: International Environmental Management Systems Standards: Five Key Questions for Developing Country Officials (Geneva: United Nations, 1996Google Scholar, draft). For a more practice-oriented introduction, see John, Voorhees and Robert A., Woellner, International Environmental Risk Management: ISO 14000 and the Systems Approach (Boca Raton, FL: Lewis Publishers, 1998).Google Scholar

52. Correspondent members are organizations with observer status that do not qualify as national standard-setting bodies. Subscriber members are national standard-setting organizations from small countries and have limited participation rights.Google Scholar

53. For more on ISO 9000, see Robert W., Peach (ed.), The ISO 9000 Handbook (Fairfax, VA: CEEM Information Services, 1992).Google Scholar

54. International Environmental Systems Update, Vol. 3, No. 4 (1996), p. 20.Google Scholar

55. Ma, Zhiping, “Revised ISO 9000 Series discussed,” China Daily, 22 04 1995, p. 2.Google Scholar

56. Announcement No. 1, 1995, China Daily, 26 04 1995, p. 3.Google Scholar The CSBTS has its own mandate to verify that products satisfy quality standards. “Products must attain standards of quality,” China Daily (28 09 1995), p. 4.Google Scholar

57. Qiu, Qi, “100 Chinese firms aim for ISO quality standard,” China Daily, 29 05 1995, p. 5.Google Scholar

58. Established in 1906, the IEC sets international standards for electrical equipment and electronic products. China is a member of the IEC. Vice Premier Wu Bangguo stated in an address to an IEC advisory body that China must adopt international standards and raise product quality to be successful in international markets. Ma, Zhiping, “Experts discuss standardization,” China Daily, 23 05 1995, p. 2.Google Scholar

59. On the standard-setting process including China's role therein, see Office of the China Steering Committee for Environmental Management Certification, “Jianli tongyide guojia guanli zhidu baozheng ISO 14000 biaozhun zai woguo youxiao shishi” (“Establish a unified national management system, ensure that the ISO 14000 standards are effectively implemented in our country”), Zhongguo huanjing bao (China Environment News), 11 12 1997, p. 3.Google Scholar

60. See, e.g. Daniel C., Esty, Greening the GATT: Trade, Environment and the Future (Washington, DC: Institute for International Economics, 1994), p. 173, n. 30 (“ISO procedures have only limited opportunities for public involvement. More disturbingly, the only representatives at many meetings are invited business representatives from the industry to be regulated”).Google Scholar

61. “ISO 14001 should not be required by law or regulation, attorney says,” BNA: Daily Executive Report, 14 02 1996, p. A-23.Google Scholar

62. U.S. Environmental Protection Agency, ISO 14000: International Environmental Management Standards (Washington: EPA/742-F95–006, 05 1995).Google Scholar

63. Chan Yee, Hon, “Law fails to punish polluters,” South China Morning Post, 4 04 1998, p. 8Google Scholar; Oksenberg and Economy, China Joins the World: Progress and Prospects.Google Scholar

64. SEPA, “Guanyu jiaqiang huanjing xingzheng zhifa gongzuo de ruogan yijian” (“Some opinions on strengthening the work of environmental administration and law enforcement” (March 26, 1998)), in Zhongguo huanjing bao (China Environment News), 2 05 1998, p. 3.Google Scholar

65. For a similar analysis with respect to the diffusion of ISO 9000 certification in China, see Jane, Parry, “New environmental standards introduced as ISO craze hits China firms,” China Joint Venturer, Vol. 2, No. 4 (12 1996 01 1997), pp. 1 ff.Google Scholar

66. “Our country develops environmental management systems standards and certification,” People's Daily, overseas edition, 13 07 1996, p. 5.Google Scholar

67. CSBTS Standards Section and National Environmental Management Standards Technical Committee, GB/T 24000-ISO 14000 (1997).Google Scholar

68. China Daily Business Weekly, 24 05 1998, p. 1.Google Scholar

69. SEPA, China National Cleaner Production Centre, United Nations Environment Programme Industry and Environment and the World Bank, Cleaner Production in China: A Story of Successful Cooperation (Paris: 1996).Google Scholar

70. Motorola (China) Electronics Ltd's large Tianjin plant is among the earliest facilities to be ISO 14000 certified in China. “Motorola Tianjin plant receives ISO 14000 certification,” Zhongguo huanjing bao (China Environment News), 28 04 1998, p. 1.Google Scholar

71. Xiao, Zhu, “Environmental exams awaiting Chinese firms,” China Daily, 20 05 1998, p. 2.Google Scholar

72. Dong, Wenxuan, “Woguo shishi ISO 14000 xilie biaozhun de dongtai fenxi” (“An analysis of the trends in China for implementing the ISO 14000 series standards: part I”), Zhongguo huanjing bao (China Environment News), 28 04 1998, p. 4.Google Scholar

73. Dong, Wenxuan, “Woguo shishi ISO 14000 xilie biaozhun de dongtai fenxi” (“An analysis of the trends in China for implementing the ISO 14000 series standards: part II”), Zhongguo huanjing bao (China Environment News), 12 05 1998, p. 4.Google Scholar

74. Article 24(2) (v). This provision is more stringent than Article 25(3) (iv) in the version previously adopted for trial implementation in 1995 which prohibited loans only in case of actual violations of environmental regulations.Google Scholar

75. Agreement on Technical Barriers to Trade, MTN/FA II-A1A-6 (1994), p. 1.Google Scholar

76. Agreement on the Application of Sanitary and Phytosanitary Measures, MTN/F II-A1A-4, Annexe A.Google Scholar

77. See Oksenberg and Economy, China Joins the World: Progress and Prospects.Google Scholar

78. U.S. sanctions under the Pelly Amendment to the Fishermen's Protective Act of 1967, 22 U.S.C. § 1987, were applied against Taiwan in 1994 and lifted on 11 September 1996. Regulations to curb illegal international trade in endangered species are being drafted by the Endangered Species Import and Export Managing Office under the State Council. Chen, Chunmei, “State curbs illicit wildlife trade,” China Daily, 17 05 1996, p. 2.Google Scholar

79. Stephen L., Kass, “ISO plans uniform standards,” National Law Journal, 6 11 1995, p. C4 (“ISO 14000 sponsors can have considerable confidence that their efforts will survive challenges under both the Uruguay Round agreements and NAFTA”).Google Scholar

80. Zhu, Baoxia, “China seeks bilateral protection initiatives,” China Daily, 11 05 1998, p. 2Google Scholar; “Mr. Xie goes fishing,” Business China, 16 February 1998, pp. 3–4Google Scholar; Liu, Yingang, “Green fund increasing,” China Daily, 24 11 1995, p. 1.Google Scholar

81. “Japan: China's largest donor,” China Environmental Review, Vol. 1, No. 3 (1998), p. 10Google Scholar; Peter, Evans, “Japan's green aid,” The China Business Review, Vol. 21, No. 4 (1994), p. 39.Google Scholar

82. Vanessa Lide, Whitcomb, “A cleaner tiger,” The China Business Review, Vol. 21, No. 4 (1994), p. 44.Google Scholar

83. Instrument for the Establishment of the Restructured Global Environment Facility (September 1994). On the United States decision to fund the Montreal Protocol Fund under pressure from other countries, see Richard J. Smith, “The ozone layer and beyond – towards a global environmental diplomacy,” presented to the American Chemical Society (24 August 1994). China was among the few developing countries participating in the establishment of GEF to support the principle that all participants should contribute to the core fund, regardless of their level of development. See Helen Sjöberg, , “From idea to reality: the creation of the global environment facility,” Global Environment Facility Working Paper (Washington: 1994), No. 10, p. 30. China's contribution is the minimum amount of 4 million SDRs (special drawing right from the IMF).Google Scholar

84. Chayes, and Chayes, , The New Sovereignty: Compliance with International Regulatory Agreements.Google Scholar

85. David M., Lampton, “Chinese security objectives and U.S. interests in policy,” testimony presented before the House Committee on National Security (20 03 1996).Google Scholar

86. Other examples are the Environmental Trade Working Group co-chaired by the Department of Commerce and Environmental Protection Agency, and the Office of Environmental Technologies Exports within the Department of Commerce. Trade Promotion Co-ordinating Committee Environment Trade Working Group, China: Environmental Technologies Export Market Plan (Washington: U.S. Department of Commerce, International Trade Administration 03 1996).Google Scholar

87. Framework Agreement for Environmental Protection Governing the Tumen River Economic Development Area and North-East Asia (19 December 1995); Memorandum of Understanding on Environmental Principles Governing the Tumen River Economic Development Area and North-East Asia (30 05 1995).Google Scholar

88. See also Oksenberg and Economy, China Joins the World: Progress and Prospects.Google Scholar

89. Article 4(2) of the Framework Convention establishes different commitments for developed country parties and other parties. See also the discussion of the equity principle in Wang, Yi, China's Position and Role in the Global Environment Challenge, p. 9.Google Scholar

90. “Emergency meeting lays down garbage law,” China Daily, 30 05 1996, p. 2.Google Scholar

91. SEPA, State Planning Commission, UNDP and The World Bank, China: Issues and Options in Greenhouse Gas Emissions Control (Washington: The World Bank, 1994), Summary Report, p. 56.Google Scholar

92. Jasper, Becker, “Journey through Jiang's utopia,” South China Morning Post International Weekly, 3 02 1996, p. 7 (describing Zhangjiagang county).Google Scholar

93. Oksenberg and Economy, China Joins the World: Progress and Prospects.Google Scholar

94. See, for example, Sun, Hong, “Foreign investment sought for ecology protection,” China Daily, 7 08 1995, p. B8.Google Scholar