Environmental Protection Law Research Articles

Navigating the Waves of Change—Assessing the Evolving Landscape of China’s Revised Marine Environmental Protection Law

Since its inception in 1982, the Marine Environmental Protection Law (MEPL) has undergone several revisions in 1999, 2013, 2016, and 2017, capping in the inclusive overhaul of 2023. These successive revisions have gradually shaped a robust legal system encompassing the Constitution as the foundational basis, the MEPL as the core regulatory instrument, and several corresponding laws safeguarding specific marine elements as the driving force. The newly revised MEPL 2023, compared to its previous iterations, introduces significant improvements that are largely reflected in strengthening the protection of marine biodiversity conservation, advancing the prevention and control of ship-source marine pollution, optimising the supervision of the marine environment, enhancing the prevention and control of land-based marine pollution, and imposing stricter liabilities. This paper examines how the new MEPL 2023 improves China’s marine environmental protection, and incorporates international best practices within the legal framework. Additionally, the research explores potential areas for further development that provide some implications for policymakers and should have been considered.

The improvement of judicial protection of marine environment in China: based on the analysis of 2,443 judicial cases

With the proliferation of human activities, a series of marine ecological and environmental problems have arisen. Judicial application is important to test legislative achievements, explore judicial difficulties, and examine the compliance with the law. There is no case law in China and the impact of judicial decisions on the protection of marine environment is therefore indirect. Judicial decisions can reflect the implementation of the Marine Environmental Protection Law and play a crucial role in improving the marine environmental protection. An analysis of 2,443 cases related to marine environmental protection heard by courts at all levels across China from 1 January 2019 to 31 December 2023 has been conducted. The findings indicate an overall downward trend in cases related to marine environmental protection, suggesting positive governance outcomes to some extent. However, certain problems remain in the judicial protection of marine environment. Therefore, legislative efficiency should be properly increased and an independent crime for marine environmental pollution should be introduced to further clarify the legal bases for marine environmental protection. The intelligent trial assistance technology should also be applied to shorten trial time, improve trial efficiency, and unify judicial rules. The People’s Courts should play an active role in the provision of evidence and specific evidentiary burden provisions for different types of marine environmental pollutions should be proposed. The data sharing channels between various systems should be facilitated and the functionality for case referral should be developed for the coordination of administrative enforcement and criminal justice within a unified administrative enforcement platform.

Mapping and Identification of Ecosystem Services Hotspots in the Brazilian Pampa Biome.

The intensification and expansion of changes in land use and land cover (LULC) can reduce the availability and quality of natural habitats and ecosystem services (ES). These changes have generated environmental damage in different parts of the world, especially in biomes more susceptible to modifications, such as the Pampa biome in the extreme south of Brazil. The Pampa biome has been neglected by environmental protection laws, despite its broad ecosystem and social importance. In this study, we used InVEST models to map and quantify five ES provided (i.e., water supply, carbon stock, groundwater stock, sediment retention and habitat quality) by 14 watersheds distributed in the Brazilian Pampa biome as well as determine ES hotspots by summing the areas with high provision of ES. We identified low availability of water supply and groundwater stock in practically the entire study area. High sediment retention and carbon stock were reported in areas with the presence of native vegetation. In addition, despite the large degraded areas, we observed high habitat quality associated with native vegetation in all studied watersheds. The hotspots varied spatially in the study area according to the proposed scenarios, the supply and the overlap of ES. Scenario 1 (>50% of ES) presented a larger area of high provision of ES. In contrast, scenario 2 (>75% of ES) presented smaller patches of areas with high provision of ES distributed across different watershed. We observed that large territorial extensions with high and medium provision of ES are vulnerable to the negative effects of LULC. Our study presented scenarios that indicate areas of high provision of ES, contributing to a more practical application, being a simplified and useful tool that can assist conservation and sustainable policies.

The important role of civil class actions in the enforcement of corporate criminal law

Recent experience in civil litigation, particularly with opt-out class actions against corporations for competition law offences, has highlighted the efficiency of ‘dual enforcement’ as a strategy for fighting corporate crime. The success of the opt-out class action regime has resulted in innovation and developments that have pushed the boundaries of competition law, involving cases that are traditionally considered matters of environmental, data or consumer protection law. However, although private litigation can overcome the deterrence deficit associated with criminal enforcement by deferred prosecution agreement, and is an increasingly important tool in the fight against corporate crime, the Supreme Court’s recent decision in the PACCAR case has created uncertainty in the third-party litigation funding market, upon which these class actions rely. Given the woefully inadequate funding afforded to public enforcement agencies, including the UK’s Serious Fraud Office, there is a clear economic case for the availability of dual enforcement, and thus an urgent need for Parliament to enact amending legislation, with retrospective effect, to reverse the PACCAR decision. Furthermore, the dual enforcement model should be extended to enable individuals to enforce consumer protection law through opt-out class actions. This would avoid the current situation in which claims are being framed as competition law infringements, such that success may well turn on the finest of distinctions. Lacking the various constraints associated with the criminal law, this extension would also enable the private enforcement of various types of corporate misconduct that, viewed through alternative the lens of the criminal law, are tantamount to fraud.

Recent developments in building sustainable marine fisheries in China: Reflections on the 2023 Revision of the Marine Environmental Protection Law

As the ocean provides an environmental carrier for fisheries development, sustainable marine fisheries and marine environmental protection are highly synergistic and consistent. Facing traditional and emerging crises such as marine pollution, overfishing and climate change, China revised the Marine Environmental Protection Law in 2023. This article aims to evaluate whether the newly revised Marine Environmental Protection Law effectively responds to crises of sustainable development in marine fisheries and how it contributes to sustainable marine fisheries. The study has found that the 2023 revision enriches and improves China’s legal regimes on marine fisheries from multiple aspects, covering marine environmental supervision, marine ecological protection and the prevention and control of land-based pollution, engineering construction projects pollution, waste dumping pollution, vessel pollution and legal responsibility. The newly revised Marine Environmental Protection Law not only refines the institutional norms and intensifies the legal responsibilities of violations but also improves the systemic nature of the legislation, thus providing stronger legal guarantees for sustainable marine fisheries. However, there are also legislative shortcomings such as unclear connotations of the newly established legal regimes and insufficient response to overfishing and climate change. Nevertheless, China’s newly revised Marine Environmental Protection Law applies the methodology of integrated ecosystem management and comprehensively utilized regulatory measures such as command-and-control tools, honor encouragement and economic incentives to enhance its regulatory effect, also providing implications and insights for addressing the challenges of sustainable marine fisheries on a global scale.

Impact of the amended Chinese Marine Environmental Protection Law on the law enforcement action of the Coast Guard — With a focus on the discharge of ballast water after Japan’s releasing of nuclear wastewater into the sea

After Japan released nuclear wastewater into the Pacific Ocean, China amended and promulgated the Marine Environmental Protection Law (MEPL) on October 24, 2023. The 2023 MEPL grants the Coast Guard extraterritorial jurisdiction over marine environmental protection. Meanwhile, it removes the content related to immunity for the disposal of radioactive substances and strictly prohibits the discharge of such substances into the sea. It is suggested that the 2023 MEPL will impact Coast Guard law enforcement actions, particularly in cases involving the punishment of marine pollution caused by nuclear wastewater. Additionally, China's Civil Procedure Law on jurisdiction over foreign-related infringement cases was also amended in 2023. Chinese courts have gained broader jurisdiction in foreign-related tort cases. As a result, Japanese parties will face the risk of civil damage compensation litigation due to the disposal of nuclear wastewater.

Environmental regulation, academic top managers and green innovation: Evidence from China

This study examines the impact of top managers’ academic backgrounds on green innovation within the context of China’s new Environmental Protection Law. Utilizing green patent data from listed companies in the China A-Share market from 2008 to 2019, and employing the DID approach, we find the law significantly boosts green innovation in firms led by academically skilled managers. However, this effect diminishes in state-owned enterprises and financially constrained firms. Our findings emphasize the critical roles of managerial academic backgrounds and autonomy in advancing green innovation.

Environmental regulation, digital transformation, and corporate ESG performance: Evidence from the implementation of China's NEPL

This study examines whether China's New Environmental Protection Law (NEPL), implemented in 2015, can improve the ESG performance of heavy polluters. Using A-share listed companies from 2010 to 2020 as our sample, we find that the NEPL significantly enhances ESG performance, especially for non-state-owned and labor-intensive enterprises. Furthermore, the moderating effect of digital transformation within enterprises has facilitated the NEPL's impact on enhancing ESG performance. These findings have important implications for environmental regulation in promoting ESG performance, realizing green transformation, and achieving high-quality and sustainable economic development.

Green finance development, environmental attention and investment in hydroelectric power: From the perspective of environmental protection law

Green finance offers essential financial services to promote green economic development, focusing on mitigating climate change, protecting the environment, and advancing clean energy initiatives. This study examines the relationships among green finance development, environmental attention, and investment in clean energy (hydroelectric power) via panel data from Chinese prefecture-level cities from 2010 to 2021. The empirical results indicate that green finance significantly increases investment in hydroelectricity. Additionally, government environmental attention and public environmental concern positively moderate this relationship. The heterogeneity analysis indicates regional and scale differences in the impact of green finance on hydroelectric power investment. In particular, a more significant effect on hydroelectric power investment is observed in the western and central regions, and small-scale cities experience a similar influence that megacities do.

A real-time assessment of hazardous atmospheric pollutants across cities in China and India

China and India are two of the fastest-growing developing economies covering about 35 % of the world’s population. Due to the extensive prevalence of air pollution across cities in China and India, contemporary assessment of atmospheric pollution through real-time and remote sensing observations is inadequate. The study aims to determine the spatial distribution and temporal variation of hazardous atmospheric pollutants across cities in China (Shanghai, Nanjing, Jinan, Zhengzhou and Beijing) and India (Kolkata, Asansol, Patna, Kanpur and Delhi). Ground observation data on CO, O3, PM2.5, PM10, NO2 and SO2 along with remote sensing data on AOD, CO, O3, BC, NO2, SO2 and dust surface mass concentrations are used to assess atmospheric pollution. This study examines daily, zonal and longitudinal pollutant distributions using Sentinel-5 P data and surface mass concentrations over the vertical column evaluated from NASA satellite data. The Mann-Kendall test and relative change methods have been implemented to assess pollutant trends while Sen’s Slope identifies the magnitude of change. The similarity test and data validation methods including NRMSE, PC and MBias have been employed to ensure consistency in analysing annual trends for each air pollutant in the datasets. Additionally, multiple correlation matrix analysis has been used to examine the associations among different pollutants from both datasets based on their annual averages. Remote sensing data reveals that eastern China and north-eastern India have the highest aerosol, BC, CO, NO2 and SO2 while western China and southern India lowest. Dust peaks in the west while O3 levels are highest in the northern part of China and India. Ground observation data indicates that Chinese cities have higher annual mean SO2 and O3 concentrations with yearly declines in PM2.5, PM10, NO2, SO2 and CO notably SO2. Indian cities witnessed overall increases in PM2.5, PM10, NO2 and SO2 from 2012 to 2019 with a slight decline in 2020 followed by a resurgence in 2023. The findings provide insights for implementing regional policy measures to reduce air pollution based on changes in pollutant behaviour. The study suggests that addressing atmospheric pollutants, particularly NO2, CO, PM2.5, PM10, and SO2 requires a comprehensive environmental policy framework involving central and state governments and enforcing stringent environmental protection laws.

New "Environmental Protection Law" and Enterprise Technological Innovation

New "Environmental Protection Law" and Enterprise Technological Innovation

Poor compliance and exemptions facilitate ongoing deforestation.

Many nations are struggling to reduce deforestation, despite having extensive environmental protection laws in place and commitments to international agreements that address the biodiversity and climate crises. We developed a novel framework to quantify the extent to which contemporary deforestation is being captured under national and subnational laws. We then applied this framework to northern Australia as a case study, a development and deforestation hotspot with ecosystems of global significance. First, deforestation may be compliant under all relevant legislation, either through assessment and approval or because of exemptions in the legislation. Second, deforestation may be compliant under at least one relevant law, but not all. Third, there may be no evidence of deforestation assessment or exemption from assessment, despite their apparent requirement, which could mean the deforestation is potentially noncompliant. Finally, deforestation may occur in an area or under circumstances that are beyond the intended scope of any relevant legislation. All deforestation that we analyzed was hypothetically covered by one or more laws. However, 65% of deforestation was potentially noncompliant with at least one law. Because multiple laws could be relevant to a given clearing event, the majority of clearing was still compliant with at least one law, but of these events, only a small proportion was explicitly approved (19%). The remaining were permitted under various exemptions. Of all the legislation we analyzed, most of the exempt clearing occurred under one subnational law and most potentially noncompliant clearing occurred under one national law. Our results showed that even a nation with a suite of mature environmental protection laws is falling well short of achieving international commitments regarding deforestation. Our framework can be used to pinpoint the pathways of policy change required for nations to align local laws with these international accords.

Environmental protection laws and regulations in healthcare

The European Union and the German federal government have initiated aclimate protection program with guidelines and laws that, for the first time, hold the healthcare sector accountable. The legal provisions have far-reaching implications for hospitals. This article presents the specific provisions to be observed and the best practices for implementing the necessary measures. This study aims to provide aconcise overview of the legal provisions to be observed in the healthcare sector and to highlight support services for implementation. Selective internet research on legal provisions for the healthcare sector and guidance on approach. The EU Corporate Sustainability Reporting Directive (CSRD) with taxonomy came into force on January5, 2023. The Climate Protection Act, which was amended in April 2024, the Energy Efficiency Act (EnEfG), which came into force in January 2024, and the Supply Chain Sustainability Obligations Act (LKSG) are the most important German legal frameworks to be observed. The EU regulations and the German government's laws pose new challenges for hospitals, but are also an opportunity to tackle the necessary measures to reduce greenhouse gas equivalents in astructured manner. Achieving climate neutrality by 2045 is in everyone's interest and can only succeed if all sectors contribute. The healthcare sector has not yet been held accountable, despite its significant contribution of approximately 5% to national greenhouse gas emissions. The legal provisions now trigger anecessary transformation but also pose challenges in day-to-day operations, requiring support services.

Climate disasters and the difficult human/nature relationship

Environmental disasters are concrete examples of the difficult coexistence between man and nature and expose the fragility of ecosystems and the urgent need to rethink the development model of contemporary society. With a socio-political approach, the text analyses the relationship between man and nature and the environmental tragedies caused by global warming, denouncing the development process of industrialised societies and questioning the environment destroyed by the diversity of human actions. It discusses extreme weather events that have resulted in major environmental disasters, both in Brazil and in other countries, and provides quantitative data on the victims of these disasters. It reveals the unequal distribution of income and space that exposes the most vulnerable populations to the rigours of climate change and argues that man's predatory relationship with nature is the driving force behind environmental degradation and is based on the unethical interests of the market. He concludes on the importance of urban planning, the projection of more humane spaces and obedience to environmental protection laws.

Virtuous Legislation: The Royal Decree for the Sustainable Management of the Woods of Serra San Bruno, Stilo, Mongiana, and Ferdinandea

The Saving Forests Decree of 1773, issued by Ferdinand IV of Bourbon, marked a fundamental step in the sustainable management of the forests of the Serre Calabresi. Metal mining and processing in the region dates back to ancient times, with Greek colonies exploiting local resources for tools and coins. With the arrival of the Normans, the mines became strategic and were granted to the Carthusian monks, and the Norman smelting furnace improved military production. Under Ferdinand II, the Ferdinandea foundry reached its peak, producing high-quality weapons. The Salvaboschi decree demonstrated a growing awareness of the need to balance industrial needs with environmental protection. This study analyzes the decree, examining how its provisions are in line with modern environmental protection laws. The analysis of this study focuses on the provisions of the Salvaboschi decree and their compliance with current environmental protection laws. The main objective of the decree was to implement sustainable forestry practices through regulated logging cycles to prevent deforestation and promote natural regeneration. Analysis of the law reveals its progressive nature and its conformity with modern principles of environmental conservation. This historic legislation testifies to the early recognition of the importance of sustainable resource management and the foresight of the Bourbon administration in implementing practices that would benefit both the environment and industrial development. Through the study and analysis of the rules present in the document, it was possible to make significant comparisons with the laws in force. The decree demonstrates considerable foresight in the protection of natural and forest heritage. This document represents an important step towards environmental protection, highlighting a concrete and proactive commitment to the protection of natural resources. The ability to compare existing regulations with new provisions offers a clear and in-depth perspective on legislative evolution in environmental matters, confirming the importance of regulatory updates to address contemporary ecological challenges.

China: 2023 Revision to China’s Marine Environment Protection Law: Interpretations and Implications

Abstract On 24 October 2023, the 6th Session of the Standing Committee of the 14th National People’s Congress published the newly revised Marine Environment Protection Law of the People’s Republic China (“2023 Revised China’s mepl”), which became effective on 1 January 2024. Compared with the previous version, the 2023 Revised China’s mepl mainly involves four changes. Firstly, the 2023 Revised China’s mepl clarifies the legislative purpose and basic principles; secondly, it further strengthens the government’s supervision and control over the marine environment; thirdly, it improves the system design of marine environmental management; fourthly, it incorporates stricter legal liability for violations. It is expected that the 2023 Revised China’s mepl will not only help China address many environmental problems and fulfill its legal obligations under treaties with respect to the marine environment, but also contribute to the advancement of global ocean governance. However, it is crucial to acknowledge that further efforts are necessary to achieve the legislative objectives of the 2023 Revised China’s mepl.

The Impact of Confucian Culture on Corporate Environmental Governance

Using A-share listed companies in Shanghai and Shenzhen from 2010 to 2019 and the density of Confucian temples and schools near sample company headquarters, this paper uses regression analysis to estimate the impact of Confucian culture on corporate environmental governance. Enterprise environmental capital investment as a percent of total assets is the dependent variable used as a proxy for environmental governance. The log of the number of the number of Confucian temples and Confucian academies within a 200-kilometer radius of the company's registered location plus one is the independent variable. This study finds that the environmental capital expenditures increase by 0.007% for every unit increase in the independent variable. Similar results are found when the radius is expanded to 300 kilometers. The greater the influence of Confucian culture is, the more inclined enterprises are to participate in corporate environmental governance. Additionally, environmental governance information disclosure can be a key influence path for this correlation. Further analysis finds that the relationship between Confucian culture and environmental governance is stronger with more experienced managers, a more developed institutional environment, and after 2015 following the People's Republic of China’s enactment of the Environmental Protection Law. This study expands the literature on the factors that influence Confucian culture on corporate environmental governance, enriches the empirical evidence of the influence of the informal system of corporate environmental governance on enterprise decision-making, and confirms the modern commercial value of Confucian culture.

Environmental regulation and firms' trans-regional investment: Evidence from the implementation of the New Environmental Protection Law

Most literary works delve into the environmental consequences of the New Environmental Protection Law, widely regarded as the most stringent ecological protection legislation ever enacted. This study examines the relationship between implementing the New Environmental Protection Law and the cross-regional investment activities of firms. This study utilizes a difference-in-differences methodology to investigate the economic effects and underlying mechanisms from 2011 to 2022. The findings indicate that implementing the New Environmental Protection Law can reduce cross-regional investment by firms, with the cost of compliance playing a crucial role. The findings enhance the current research paradigm about the behavior of small businesses.

Comparative Analysis of Environmental Protection Laws and Their Impact on Sustainable Development in Rwanda

Purpose: The aim of the study was to analyze comparative analysis of environmental protection laws and their impact on sustainable development in Rwanda. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: Environmental protection laws play a crucial role in sustainable development, particularly in Rwanda where the balance between economic growth and environmental integrity is pivotal. A comparative analysis reveals that systematic inclusion of environmental impact assessments and strategic environmental assessments are essential for fostering sustainable development. These processes ensure that environmental considerations are integrated into the planning and decision-making stages of development projects, thereby mitigating negative impacts on the environment. Capacity building at various levels, from macro to micro, is recommended to enhance the understanding and implementation of these laws. Unique Contribution to Theory, Practice and Policy: Legal pluralism, policy diffusion & institutional analysis may be used to anchor future studies on comparative analysis of environmental protection laws and their impact on sustainable development in Rwanda. Practitioners can leverage findings from such studies to identify best practices, lessons learned, and areas for improvement in environmental governance. Policymakers should use comparative analysis findings to inform the design, implementation, and evaluation of environmental policies and regulations at local, national, and global levels.

Substantive or symbolic ? The strategic choice of sustainable environmental strategy for enterprises induced by the new environmental protection law

AbstractThe new “Environmental Protection Law” (abbreviated as NEPL) holds milestone significance for the construction of China's ecological legal system. However, evidence regarding the impact of NEPL on sustainable environmental strategy (abbreviated as SES) still lacks empirical analysis. This study aims to examine the mechanisms and boundary conditions through which the NEPL influences SES. Utilizing a difference‐in‐differences approach, an empirical analysis is conducted on the data of listed companies on the Shanghai and Shenzhen A‐shares from 2008 to 2021. The findings are as follows: (1) NEPL has significantly promoted both the substantive environmental strategy (abbreviated as SUB) and symbolic environmental strategy (abbreviated as SYM) of heavily polluting enterprises. Compared with SYM, the impact of NEPL on SUB is more significant. (2) Analyst coverage plays a significantly positive moderating role in the relationship between NEPL and SUB, while managerial myopia plays a significantly positive moderating role in the relationship between NEPL and SYM. (3) Environmental legitimacy pressure exerts a mediating effect on the relationship between NEPL and SES. The research findings enrich existing theories related to strategic choice and environmental policy under government intervention and provide policy recommendations for enterprises to achieve sustainable development in the context of NEPL.