Public Interest Litigation in Climate Justice: Chinese Mode of EPIL in Transnational Climate Disputes

Abstract

Climate change presents one of the most pressing challenges of our time, impacting ecosystems, communities, and fundamental human rights. This abstract introduces an in-depth exploration of the nexus between climate justice, human rights principles, and the instrumental role of Environmental Public Interest Litigation (EPIL) in ensuring accountability and equity. With a particular emphasis on the Chinese context, the article explores the theoretical underpinnings, practical applications, and future prospects of attaining climate justice using EPIL. The analysis of how the Chinese model of EPIL may be modified for international climate disputes, as well as the possibilities and obstacles involved in doing so, forms the basis of this conversation. The theoretical framework emphasizes the importance of human rights in tackling climate-related challenges by incorporating concepts like the right to life, and the right to a healthy environment. This study discusses the causal and logical relationships between basic theories, such as the Precautionary Principle, Common But Differentiated Responsibilities (CBDR), public trust, and the actual application of EPIL in international dispute settlement. There is a discussion of the practical applications of EPIL in climate cases, which include disclosing environmental information, fighting fossil fuel projects, advocating for climate adaptation, protecting vulnerable communities, challenging government inaction, and promoting renewable energy. Every application provides a practical example of how EPIL may be an effective instrument for attaining environmental justice. The prospects of EPIL in the Chinese setting are examined, taking into account the distinct legal environment and possible directions for future growth. In order to address the global character of climate concerns, international cooperation and legal processes are essential. The article ends by analyzing the opportunities and difficulties of adopting and enforcing the Chinese model of EPIL in transnational climate disputes. This thorough examination aims to further the conversation about human rights, climate justice, and the function of laws like EPIL in guaranteeing a sustainable and just future. EPIL foster global collaboration, apply environmental responsibility, raise public mindfulness, incentivize climate-friendly practices, uphold CBDR principles, and position nations as leaders in transnational climate action. By espousing, legalizing, and administering the Chinese mode of EPIL in international climate controversies, can be embarked on a path towards a world where responsibility is the foundation of climate action, where environmental rights are upheld as abecedarian mortal rights, and where justice transcends borders. legalizing and administering the Chinese mode of EPIL in international climate controversies requires the development of transnational agreements, the establishment of international climate courts, standardized procedures, data participating mechanisms, obligatory compliance, civil society participation, commercial responsibility norms, agreement options, monitoring, and global cooperation. This comprehensive approach can pave the way for the application of EPIL as an important tool for addressing climate justice on a global scale.