China: Environmental Protection, Domestic Policy Trends, Patterns of Participation in Regimes and Compliance with International Norms

Abstract

Environmental protection in the international context constitutes a type of soft or functional regime directed at the control of behaviour by states which generally does not present an overt threat to their neighbours. Rather, the principal danger is one of everyday social or economic activity presenting risks within the state in which it originates, to that state's neighbours and, possibly, the global commons. Thus, it is typically the activity's externalities rather than any intent to cause harm or encroach on neighbours' territory which is the cause of concern. Control is complicated by sovereignty issues, which become paramount when externalities cross a country's boundaries and affect the originator's neighbours and/or the wider international community. Although there have been cases of countries obtaining judicial relief for environmental harms that originated in another country, such issues are overwhelmingly non-justiciable. It is more likely that any international regimes that are established will provide no avenue for judicial relief.