Judicial Responses to Climate Change in China: Environmental Public Interest Litigation as a Pathway

With the progression of the times and ongoing development, climate change has become an issue that many countries must confront. In the current context of incomplete legislation, it is particularly important to explore pathways for addressing climate change through judicial means within the existing system. Environmental public interest litigation, with its unique institutional advantages and preventive function, has shown potential as an optimal judicial approach to tackling climate change. However, issues such as justiciability, evidentiary standards, the specific application of the precautionary principle, and how to balance judicial activism with restraint urgently need to be resolved.

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Publication Details

Journal
JOURNAL OF COMMERCIAL LAW REVIEW
Published
2025-01-01
DOI
https://doi.org/10.47297/wspjclrwsp2516-249704.20250903
Primary Topic
Environmental law and policy
Type
article
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article

Judicial Responses to Climate Change in China: Environmental Public Interest Litigation as a Pathway

Zhi Huaichen
JOURNAL OF COMMERCIAL LAW REVIEW
Environmental law and policy
article

Judicial Responses to Climate Change in China: Environmental Public Interest Litigation as a Pathway

Zhi Huaichen
article en

Abstract

With the progression of the times and ongoing development, climate change has become an issue that many countries must confront. In the current context of incomplete legislation, it is particularly important to explore pathways for addressing climate change through judicial means within the existing system. Environmental public interest litigation, with its unique institutional advantages and preventive function, has shown potential as an optimal judicial approach to tackling climate change. However, issues such as justiciability, evidentiary standards, the specific application of the precautionary principle, and how to balance judicial activism with restraint urgently need to be resolved.

JOURNAL OF COMMERCIAL LAW REVIEWVol. 9(3)
Openalex Percentile: Top 52%
Environmental law and policy
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