chapter  4
43 Pages

Resolution of environmental disputes

WithVanessa Johnston, Tsegai Berhane Ghebretekle, Ryan Kraski, Jorge Ignacio García Nielsen, Ana Miola, Mrinalini Shinde

This chapter discusses the function of four types of dispute resolution institutions, namely courts of general jurisdiction, courts of specialized environmental jurisdiction, general administrative law review boards, and specialized environmental law review boards. Comparison among these four types of institutions relates to four topics, including the: nature of the institution or forum in which dispute are resolved; state jurisdiction over environmental matters; trial procedure; and reference to environmental law principles and planning objectives. Environmental courts and tribunals are the category of institutions that have competence to adjudicate disputes through the interpretation of environmental constitutional provisions, environmental statutes, or environmental administrative regulations. The political and social conditions in China have had a significant impact on the development of China’s environmental courts, including their structure, jurisdiction, and effectiveness.