Path Selection of Climate Change Litigation from the Perspective of the Risk Prevention Principle
Keywords:
Climate change litigation, Risk prevention principle, Environmental risk, Litigation pathAbstract
Before China achieves the “dual carbon” goal, the judicialization of climate change is also a practical need to ensure that China achieves the two goals of “carbon peak” and “carbon neutrality”. At present, the issue of climate change has entered the legal regulation stage, and owing to its inherent global nature and high degree of uncertainty, the law has exposed the shortcomings of insufficient regulation and difficulty in meeting the needs of climate change. At present, there has been heated discussion on the construction of the litigation path of climate change litigation, and it is also meaningful to study litigation path selection in climate change litigation from the perspective of the risk prevention principle. Therefore, this paper discusses the litigation path of climate change litigation to effectively prevent environmental risk from the perspective of the principle of risk prevention on the basis of existing research on the litigation path of climate change litigation in the academic field and with reference to litigation models of environmental public interest litigation and air pollution public interest litigation.
References
Yu, H., Xie, W., Yang, L., Du, A., Almeida, C. M., & Wang, Y. (2020). From payments for ecosystem services to eco-compensation: Conceptual change or paradigm shift?. Science of the Total Environment, 700, 134627.
Zhou, Y., Luo, H., Tang, J., Zhang, L., Zhu, H., & Sun, S. (2023). Study on ecological environment damage compensation in China. Journal for Nature Conservation, 76, 126503.
Zhao, Y., Lyu, S., & Wang, Z. (2019). Prospects for climate change litigation in China. Transnational Environmental Law, 8(2), 349-377.
Wang, W., Xu, Q., Xia, G., Dong, X., & Bao, C. (2023). Constructing a paradigm of environmental impact assessment under the new era of ecological civilization in China. Environmental Impact Assessment Review, 99, 107021.
Pan, J. (2018). Building an ecological civilization in the new era: Cognition, development paradigm and strategic measures. Chinese Journal of Urban and Environmental Studies, 6(02), 1850009.
Pan, J. (2016). China's environmental governing and ecological civilization. Berlin: Springer Berlin Heidelberg.
Qin, T., & Yuan, Y. (2023). Challenges and Countermeasures for Integrating the Protection of Environmental Rights into Actions for Addressing Climate Change. J. Hum. Rts., 22, 869.
Pan, J., & Pan, J. (2016). The development paradigm of ecological civilization. China's Environmental Governing and Ecological Civilization, 29-49.
Pan, J. (2021). Global transformation of China’s ecological civilization paradigm as part of the 2030 agenda for sustainable development. Beautiful China: 70 years since 1949 and 70 people’s views on eco-civilization construction, 687-696.
Zheng, J. (2023). Exploration of the Development Path of Climate Change Litigation in China under the" Dual Carbon Goals". Mod. L. Rsch., 4, 57.
Sang, T., Liu, P., & Zhao, L. (2022). Judicial Response to Ecological Environment Risk in China—From the Perspective of Social Systems Theory. International Journal of Environmental Research and Public Health, 19(21), 14355.
Liu, J. (2019). The Missing Puzzle to Achieving People-Centred Urban Development and Ecological Governance for Climate Change in China.
Lo, A. Y., Liu, S., Cheung, L. T., & Chan, F. K. (2020). Contested transformations: sustainable economic development and capacity for adapting to climate change. Annals of the American Association of Geographers, 110(1), 223-241.
He, X. (2016). Legal methods of mainstreaming climate change adaptation in Chinese water management. Springer Singapore.
Pan, J. (2022). Climate Change Economics. Springer Books.
Mo, X., Liu, S., Lin, Z., & Guo, R. (2009). Regional crop yield, water consumption and water use efficiency and their responses to climate change in the North China Plain. Agriculture, Ecosystems & Environment, 134(1-2), 67-78.
Huang, J., Li, Y., Fu, C., Chen, F., Fu, Q., Dai, A., ... & Wang, G. (2017). Dryland climate change: Recent progress and challenges. Reviews of Geophysics, 55(3), 719-778.
Chu, J. (2019). Vindicating Public Environmental Interest. Ecology law quarterly, 45(3), 485-532.
Jiang, H., Blazey, P., Wang, Y., & Ashiabor, H. (2020). China's new approach to environmental governance and environmental public interest litigation. Asia Pacific Journal of Environmental Law, 23(1), 39-73.
Rosenberg, D. (1984). The causal connection in mass exposure cases: a" public law" vision of the tort system. Harvard Law Review, 849-929.
Lu, Y. (2022). Study on distribution of burden of proof in environmental Administrative Public Interest Litigation. Academic Journal of Humanities & Social Sciences, 5(10), 21-26.
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Copyright (c) 2025 Jing Wang, Qingling Sun
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