Environmental Litigation in China: A Study in Political Ambivalence
Reviewed by Jessica Gordon, Massachusetts Institute of Technology
The emergence of and reactions to environmental litigation in China.
by Rachel Stern Environmental Litigation in China: A Study in Political Ambivalence, Cambridge University Press, 2013, 314 pp.
What happens when tons of industrial waste are dumped in a Chinese river? Rachel Stern’s insightful book Environmental Litigation in China: A Study in Political Ambivalence explores the shifting conditions under which the Chinese legal system is being used to address pollution issues. While the book is written in clear and accessible prose, it complicates common narratives around the Chinese legal system and exposes its many contradictions. The first half of the book provides a nuanced picture of environmental litigation including exploring specific pollution cases with different approaches and outcomes and is fascinating as it reveals the strengths, limitations and creativity within environmental litigation. The second half of the book analyzes the issue from the perspectives of judges, lawyers and NGOs. While the voices of state actors are notably absent, given the limitations of research in China this is understandable. Stern rallies a range of evidence to support her argument.
She demonstrates how actors are reacting to a state that sees the advantages of using the law to control pollution, but also recognizes how the law could undermine the state itself. Stern terms these conflicting state signals political ambivalence and analyzes how they provide space for bottom-up experimentation and incremental change. It is, however, also clear that the legal system alone will not be enough to address the variety of forces that allow pollution to continue.
The book focuses on the Hu period and should be taken as a slice in time. The legal landscape is changing as the new environmental law makes it easier for some groups to sue polluting industries. The first public interest case under the new law in 2016 was successful. Most cases, though, are still not making it to the court. The book would be a great choice for an undergraduate or graduate course on environmental politics. It is also likely to engage anyone interested in the intersection of law and the environment.