Chinese Courts Mandate Carbon Sequestration for Marine Environmental Remediation

Abstract Enhancing the sequestration of carbon dioxide in marine environments can contribute to stabilising greenhouse gases, thus mitigating the impacts of climate change. Against this background, and considering China’s mitigation obligations under international law, Chinese judges have developed a new approach to environmental remedies in civil public interest cases: ordering defendants liable for breaches of their marine environmental responsibilities to invest in marine carbon sequestration projects. This article provides an overview of two recent cases in China concerning such judicial innovation, discusses its legal basis, criteria and environmental effectiveness, and concludes with some insights into its practice.