Navigating the Complexities of Global Climate Change Litigation: China's Emerging Role in International Environmental Law
Abstract:
As climate change accelerates, the need for an effective legal framework to address its impacts becomes increas ingly urgent. In China, while environmental laws have evolved, the term "climate litigation" has not yet firmly established itself within the legal system. Traditional environmental approaches, focusing on pollution control and ecological damage compensation, are insufficient to address the complex, long-term challenges posed by climate change. The localization of climate litigation is crucial for creating a comprehensive legal response that aligns with China’s unique socio-economic and environmental conditions. This paper argues for the development of a climate litigation framework that incorporates both mitigation and adaptation dimensions. Mitigation-focused litigation addresses emissions reduction, while adaptation-focused litigation focuses on protecting vulnerable populations from climate impacts such as extreme weather events. Ad ditionally, by learning from international practices, particularly Hong Kong’s robust Environmental, Social, and Governance (ESG) policies, China can develop a more transparent and accountable legal system. The proposed framework includes preventive relief systems, multi-source legal pathways, and specialized climate courts to handle complex climate cases. By integrating domestic and international legal practices, China can establish a pioneering climate litigation system that enhances its role in global climate governance and provides a model for other nations.
