Project Scope and Relationship to China's Agenda 21

This project seeks to establish enforcement systems and supporting mechanisms for laws in the field of sustainable development. This project is based on programme area 3B of China's Agenda 21.

1. Background

Laws and regulations suited to China's particular political, social, economic, and environmental conditions are among the most important instruments for transforming sustainable development into action through the formulation of a supportive and effective legislative framework. This will require the development and implementation of integrated, enforceable and effective laws and regulations that are based on sound social, ecological, economic, and scientific principles. Moreover, the development of workable programmes to review and enforce compliance with the laws, regulations and standards is equally critical.

As stated in China's Agenda 21, the enforcement of laws is based upon legislation and legislation is implemented by enforcement. The relationship between the two is one of reciprocal support. Therefore moves to amend and reform legislation, for example as proposed in the project on "Enactment and amendment of laws in the field of sustainable development in China," need to be augmented by measures to support and enforce these laws.

Current legislation on environment and development in China was drafted in the days before sustainability was an important criterion. Thus these laws tend to take a compartmentalized approach, considering economic, social or environmental objectives as separate and unconnected. Thus there is a need to formulate laws that adopt a more integrated approach. In addition, the system does not function as required due to issues such as inconsistent implementation of laws and unpunished violations. There is a marked lack of awareness of the laws and the need for monitoring and enforcement amongst the general public as well as industry, and decision makers at all levels of government. This is reinforced by poor monitoring due to inadequate facilities, lack of training, and a lack of awareness of the impacts of violations on society and the environment.

These factors need to be addressed before the supportive and effective legislative framework necessary for sustainable development is established. With a move towards a market-based economy, China needs to strengthen the enforcement of domestic legislation for sustainable development and develop measures for compliance consistent with its new approach to social and economic development.

2. Objectives

• Long-term objective
  • To develop systems for enforcement, compliance and support for the effective execution of laws and regulations in the field of sustainable development.

• Immediate objectives
  • To conduct research on the problems associated with current systems of law enforcement and to suggest methods for effective enforcement.
  • To increase public awareness of the needs and reasons for enforcement of the laws.
  • To establish mechanisms and procedures for monitoring, regulation and enforcement consistent with China's political, social, economic, and environmental systems.
  • To provide training for decision-makers, professionals, workers and others involved with monitoring and enforcement activities.

3. Activities

• 3.1 Research on current systems of enforcement of laws in fields related to sustainable development in order to identify specific problems and to suggest possible solutions. This will be achieved through the following actions:
  • Study the effectiveness of current laws related to environment and development, their administration and problems associated with enforcement, monitoring and compliance to develop a conceptual framework and to identify common elements.
  • Compile a database (in conjunction with the sister project on enactment of laws supportive of sustainable development) of administrative, monitoring and enforcement systems and compliance measures to help identify common problems.
  • Study current judicial and administrative procedures to identify weak points in the monitoring and enforcement of laws on sustainable development.
  • Study overseas experience on enforcement and compliance of similar laws through:
    - Exchange visits with relevant countries by Chinese personnel;
    - Visits to China by overseas experts;
    - Internships for Chinese personnel in appropriate countries;
    - Cooperation with UN and other agencies on enforcement procedures.i
  • Identify possible solutions based on domestic research and overseas experience.

• 3.2 Conduct public awareness and education on the requirements for implementing, monitoring and enforcing laws related to sustainable development. The specific activities will include:
  • Developing training programmes for decision-makers at all levels on the need for monitoring and enforcement of the laws;

  • Delivering training programmes and on-the-job courses for lawyers, administrators and other professionals involved in drafting and administering laws and regulations to ensure that new measures are workable and enforceable;
  • Conducting training programmes for government officials at all levels who are responsible for monitoring and enforcement activities;
  • Formulating educational programmes and teaching aids for awareness raising and training for industrial managers and workers;
  • Launching public education campaigns for raising awareness of the existence of these laws and the need for effective implementation and enforcement.

• 3.3 Develop monitoring systems that are consistent with the requirements of sustainable development and are suited to Chinese conditions through:
  • Clarification of the roles of different institutions and levels of government in monitoring and assigning clear roles to the appropriate agencies;
  • Improvement of current judicial and administrative systems in order to establish effective monitoring systems;
  • Research and identification of effective and practical methodologies for monitoring;
  • Research and development of standards for monitoring based on impacts on the environment and on human well-being;
  • Establishment of monitoring systems that are transparent and accountable to the public;
  • Strengthening the role of the media and the public in exposing and reporting violations of the law;
  • Encouraging public and non-government organizations role in monitoring, and providing them with opportunities to propose improvements in methods of law enforcement;
  • Investigation of possible role of industry to develop enforceable self monitoring procedures.

• 3.4 Investigate measures for effective enforcement of laws on sustainable development with a view to suggesting changes to current practices. Possible areas for investigation will be:
  • The development of effective and efficient regulatory measures using standards based on sound social, economic and environmental principles and on mechanisms for promoting compliance;
  • Studies on market measures and economic instruments for ensuring compliance with laws. These could include:
    • Economic incentives for cleaner production technologies;
    • Taxes such as a carbon charge on the use of fossil fuels;
    • Tradeable permits for discharging pollutants into the environment;
    • Pricing policies for using natural resources such as water as a source for production and as a sink for wastes;
    • Levies for using natural resources;
    • Application of the "polluter pays" principle in imposing charges for emissions and discharges.
  • Studies on voluntary measures such as self monitoring and regulation by industry, negotiated agreements with industry on commitments to achieve community standards of pollution emission and resource use.

• 3.5 Prepare recommendations for reform of judicial and administrative systems and the preparation of monitoring and compliance procedures for laws in the field of sustainable development. These would emphasize the following points:
  • Any reforms or changes should be incremental so as to allow time for evaluation and feedback and corrective actions;
  • Monitoring systems should involve public and media participation in line with the principles of sustainable development;
  • Proposals for enforcement will include a mix of policy measures such as regulatory, economic instruments and voluntary measures to fit the legislation and situation;
  • Development of mechanisms and procedures should take into account wider fiscal, economic, social and environmental costs and benefits.

    The implementing agencies will be the Bureau of Legislative Affairs of the State Council, the Environmental Protection Committee of the National People's Congress and other relevant departments.

    The project duration will be six years for activities 3.1 to 3.4. Activity 3.5 will be implemented towards the end of that period.

• 4.1 Domestic inputs
  • Project management
  • Professional staff for all activities
  • Implementation of investigations and studies
  • Training and educational activities.

• 4.2 International cooperation
  • Professional visits by the required experts
  • Facilities for exchange visits and internship
  • Information and materials on international experiences

5. Benefits

On completion of this project, the expected benefits include:
• An information database on current laws and their implementation, and a conceptual framework for developing environment and development legislation that are workable, enforceable and practical;
• Capacity building at all levels of government from decision-makers to law professionals and those responsible for enforcement and monitoring. The capacity of the public to participate in monitoring activities will also be enhanced;
• Recommendations for new laws and amendments of current laws to make them more effective, enforceable, and workable;
• Recommendations on the appropriate mix for China of regulatory, voluntary and market measures for compliance;
• Promotion of international cooperation in a crucial area of sustainable development and sharing of information and experiences with other countries.