Project Scope and Relationship to China's Agenda 21

This project seeks to formulate legislation supporting sustainable development; to incorporate sustainability principles into laws and regulations related to environmental and natural resource protection; and to develop legislation to fulfill China's international obligations in terms of environmental treaties and conventions. This project is based on China's Agenda 21 programme area 3A and is also related to areas 2A and 3B.

1. Background

Legislation concerning sustainable development is a fundamental part of the process of making policies and measures on sustainability into practical actions. The Chinese Government attaches importance to the legal requirements for sustainable development. In the past, four environmental laws, eight natural resource protection laws, more than 20 administrative decrees for pollution prevention, and 312 environmental standards have been promulgated.

However, many gaps remain in the current legal system, especially with respect to sustainable development. For example, in the field of environment and resources, there is no appropriate legislation on solid wastes pollution prevention, management of hazardous wastes and toxic chemicals, radioactive pollution prevention, and sustainable management of natural resources. Chinese legislation also faces the problem of coordination and consistency with international treaties and conventions. Although China has signed more than 20 international treaties on environment and resources, the domestic legislation to implement these treaties has not yet been enacted. As China is also striving for membership of GATT, it is important that any new legislation is consistent with GATT requirements.

Most of the Chinese laws relevant to sustainable development were promulgated in the 1980s on the basis of a planned economic system. Now that China is moving towards a market-based economy, legislation needs to be adjusted and amended so as to adapt to the changing circumstances while meeting sustainable development requirements.

2. Objectives

• Long-term objectives
  • To establish a legal system on environment and resources to meet the requirements of a market economy and to ensure the achievement of sustainable development.

• Immediate objectives
  • Develop new legislation on environment and resource protection to fill the gaps in the current legal system with respect to the requirements of sustainable development.

  • Amend, complete and improve current laws, decrees and regulations on environment and resource management in accordance with sustainable development principles.

  • Enact corresponding domestic laws in order to implement the international treaties which China has joined.

3. Activities

• 3.1 To identify, research, draft, and enact new laws on environmental protection and resource management through the following activities:
  • Collection of data and relevant information for analysis and development of a legislative data bank;

  • Editing and publication of domestic legislative data, and the translation and publication of relevant legislation from the main nations in the world;

  • Compilation and enactment of currently proposed legislation on environmental protection, for example: Law of Solid Wastes Pollution Prevention Law on Radioactive Pollution Prevention Regulation on Management of Nature Reserves Regulation for Protection of Bio-Variety Stipulation for Management of Environment Signs Stipulation for Management of Environmental Protection Industries Regulation for Environment Management of Township Industries

• 3.2 To research the scope, effectiveness and compliance measures for current laws on environment and resource protection and to amend them as necessary. The major actions will include:
  • Investigation of the major problems in the execution and enforcement of current laws and the collection and analyses of typical cases to serve as a basis for further action;

  • Investigation of the use of market mechanisms for enforcing environmental protection legislation. These measures could include environmental taxes, tradeable permits, levies on pollution discharge ("polluter pays principle"), and economic incentives;

  • Investigation and introduction of measures to allow public participation in environmental management;

  • Investigation and introduction of systems for environmental impact assessment and environmental legal liability;

  • Compilation of draft amendments to the following laws and decrees: Environment Protection Law Marine Environment Protection Law

  • Law on Air Pollution Prevention Regulation on Environmental Noise Pollution Prevention and Control Temporary Method For Charge Pollutant Discharge Fines Administrative Method on Management of Environment Protection in Projects of Construction Administrative Method on Management of Environment Protection Standards Decree on Management for Environment Monitoring

• 3.3 To research, draft and enact appropriate domestic legislation to enforce international treaties that China has signed. The following actions will be carried out:
  • Preparation of a list of conventions or treaties relevant to global sustainable development and research on the contracting procedures for China;

  • Preparation of a training plan for China's ability to execute the conventions or treaties;

  • Investigation and compilation of draft domestic legislation for the following international treaties: Regulation on Administration for Transboundary Movements of Hazardous Wastes Regulation on Administration for Substances that Deplete the Ozone Layer Management Measures for Imports and Exports of Toxic Chemicals Administrative Decree on the International Trade in Endangered Wild Fauna and Flora

• 3.4 Capacity building activities will include:
  • Establishment of a project working committee, an advisory panel of experts, and a drafting group for the enaction and amendment of laws;

  • Staff training for 120-150 professionals in the fields of law, economy, management and technology for the implementation of the project;

  • Establishment of the data bank on legislative information system on China's sustainable development.

    The implementing agencies will be the Environmental Protection Committee of the Standing Committee of the National People's Congress, the Bureau of Legislative Affairs of the State Council, and the National Environmental Protection Agency. Other organizations involved in the project include Peking University, Wuhan University, and the Treaty and Statute Department of the Ministry of Foreign Affairs.

    The project duration will be four years for Activities 3.1 and 3.2, and two years for Activity 3.3.

• 4.1 National Inputs: The inputs from the Chinese Government will include:
  • Management for the project
  • Special funds for the legislative project
  • Investigation, research, and demonstration activities
  • Invitation for experts, transportation and work facilities
  • Staff training

• 4.2 International Inputs:
  • Data collection and exchange
  • Invited experts
  • Cooperative research between international organizations, foreign institutions, colleges and universities
  • Exchange visits for research workers, and facilities for investigation and training abroad
  • Organization of international meetings and exchange of research results

5. Benefits

The implementation of the project will help provide the legislative framework for a comprehensive system of laws for sustainable development that are based on the principles of the market economy. The project will also help build capacity by providing training for professional in the fields of law, economics, management and relevant technical disciplines.

Once the draft laws are enacted and implemented, it is estimated that about ten billion yuan will be invested for environmental protection while losses due to environmental pollution will be decreased by thirty billion yuan per year. This will be achieved mainly through the use of market based approaches such as environmental taxes, tradeable permits, levies on pollution discharge ("polluter pays principle"), and economic incentives.

The greatest benefit of the project will be the indirect social benefit resulting from the establishment of a legal system based on sustainable development principles.