Towards an Integrated Environmental Permit in China

A Legal Study Based on EU Regulatory Experiences

Author: Xiheng Chen

Publisher: Springer Nature Singapore

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

Table of Contents

About this book

This book examines the extent to which the regulatory design of the emissions permit system in China, taking into account the EU's regulatory experience with integration and from the perspective of the specific Chinese situation, provides opportunities for or hinders the implementation of integrated pollution prevention and control. It was found that China's permitting system provides regulatory opportunities for integrated control of emissions to air, water, and land, but that some challenges remain, particularly in terms of environmental effectiveness and environmental trade-offs.

This book is not only aimed at the academic community, but may also benefit policy makers by providing an explanation of the rationale for integrated environmental permitting, together with a critical reflection on the current state of emissions permitting in China. It may also be helpful to the ENGOs that focus on and are willing to comment on the choices of regulatory instruments to be made by the Chinese government, particularly in the light of achieving a high level of environmental protection as a whole.

Frontmatter

Chapter 1. Introduction

Abstract

In order to combat the hydra-headed ogre of pollution, the legal framework that attempts to implement integrated pollution prevention and control using the permit instrument was adopted in 1996 at the EU level and in 2020 in China. By setting forth the research background, research questions and introducing the research methodology and research structure of this book, this chapter initiates the exploration of ‘to what extent the regulatory design of the emissions permit system in China, considering the EU regulatory experiences in relation to integration and seen from the perspective of the specific Chinese situation, provides possibilities for or barriers to the implementation of integrated pollution prevention and control’ in later chapters.

Xiheng Chen

Chapter 2. The Concept of an Integrated Environmental Permit

Abstract

This chapter examines the theoretical insights have been developed regarding the integrated environmental permit in environmental law literature. This examination aims to identify the core elements of a regulatory framework for establishing an integrated environmental permit system, so as to provide a conceptual framework for analyzing regulatory attempts to create an integrated environmental permit system in the EU and China respectively, and, subsequently, for the comparative analysis between these two systems.

Xiheng Chen

Chapter 3. The EU Regulatory Approach Regarding the Integrated Emissions Permit System

Abstract

On the basis of the conceptual framework of an integrated environmental permit as identified in Chap. 2, this chapter examines how the EU emissions permit system that attempts to implement integrated pollution prevention and control has been developed in terms of its regulatory design and relevant case law. The examination is carried out from three perspectives: substantive integration, procedural integration, and organizational integration. In addition, how the interactions between the EU emissions permit system and the market-based instruments affect integrated pollution prevention and control is also analyzed.

Xiheng Chen

Chapter 4. China’s Regulatory Approach Regarding the Integrated Emissions Permit System

Abstract

On the basis of the conceptual framework of an integrated environmental permit as identified in Chap. 2, this chapter examines how the emissions permit system in China has been developed for implementing integrated pollution prevention and control in terms of its regulatory design. The examination is carried out from three perspectives: substantive integration, procedural integration, and organizational integration. In addition, how the interactions between the emissions permit system and the market-based instruments in China affect integrated pollution prevention and control is also analyzed.

Xiheng Chen

Chapter 5. Comparative Discussion and Conclusions

Abstract

This chapter undertakes a comparative analysis aiming to answer the question of to what extent the regulatory design of the emissions permit system in China has similarities and differences with the EU emissions permit system. Based on the comparative analysis, this chapter discusses what sort of regulatory possibilities for or barriers to implementing an integrated permit system appearing in the EU may also be followed in China, after which the conclusion on the whole research is given.

Xiheng Chen

Title: Towards an Integrated Environmental Permit in China
Author: Xiheng Chen
Publisher: Springer Nature Singapore
Electronic ISBN: 978-981-9751-88-4
Print ISBN: 978-981-9751-87-7
DOI: https://doi.org/10.1007/978-981-97-5188-4