Nicholas Institute for Environmental Policy Solutions

Tianbao Qin: Prospects of China’s Judiciary for Climate Change Adaptation

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Tianbao Qin is a National Changjiang Scholar and Luojia Distinguished Professor of Law at Wuhan University, serving as the Director of the Research Institute of Environmental Law. He previously worked as Deputy Director of the Research Center of the Supreme Court of China on Environmental-related Judicial Theory. In his remarks, Prof Qin noted the positive attitude of the Chinese judiciary towards developing the field of climate litigation, and the significance of its mention in the recent white paper of the Chinese Supreme Court in this regard. Secondly, he insisted on the need to develop both climate mitigation and adaptation types of litigation, noting the large untapped potential for adaptation litigation and especially NGO-led public interest litigation. In his interview, he further expanded on the role that litigation and judicial interpretation play in developing environmental and climate governance in China and again insisted on the avenue of adaptation litigation. However, on the trend of climate mitigation litigation brought against governments, he hinted that attacking the Chinese government may lack a basis since, as a developing country still dealing with massive pollution and poverty issues, it has already adopted very ambitious climate goals and taken drastic measures to implement them.  

秦天宝,国家长江学者,武汉大学珞珈特聘教授,现任环境法研究所所长,曾任中国最高法院环境资源司法理论研究基地副主任。秦教授在发言中指出,中国司法机关对发展气候诉讼领域的态度是积极的,在中国最高法院最近的白皮书中也提到了气候诉讼领域的意义。其次,他坚持既要发展气候减缓类诉讼,也要发展适应类诉讼,指出适应类诉讼特别是非政府组织主导的公益诉讼还有很大的潜力没有发挥出来。在采访中,他进一步阐述了诉讼和司法解释在中国环境和气候治理发展中的作用,并再次坚持适应性诉讼的途径。不过,对于针对政府提起的气候减缓诉讼的趋势,他暗示,攻击中国政府可能缺乏依据,因为作为一个仍在处理大规模污染和贫困问题的发展中国家,中国政府已经通过了非常宏伟的气候目标,并采取了严厉的措施来实施这些目标。

Other title
中国气候司法前瞻