Environmental / Energy Law

Environmental Litigation in China A Study in Political Ambivalence

By Rachel E. Stern
Cambridge University Press April 2013

Specifications

ISBN-13
9781107020023
Publisher
Cambridge University Press
Publication
April 2013
Format
Hardback , 310 pages
Jurisdiction
China ? Countri(es) for reference only

Details

This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground – propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.

• Draws on sixteen months of field research, including four case studies and over 160 interviews

• Highly interdisciplinary, drawing on relevant literature from across the social sciences (political science, sociology, law, anthropology)

• Avoids jargon and is accessible to a wide audience

Table of Contents

List of Abbreviations
viii
Introduction
1
1     Post-Mao: Economic Growth, Environmental Protection, and the Law
17
2     From Dispute to Decision
43
3     Frontiers of Environmental Law
71
4     Political Ambivalence: The State
97
5     On the Frontlines: The Judges
123
6     Heroes or Troublemakers? The Lawyers
151
7     Soft Support: The International NGOs
179
8     Thinking about Outcomes
211
Acknowledgments
235
Interview List
239
References
247
Index
287

About the Author

Rachel E. Stern
University of California, Berkeley

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