Author
Dr Zhang
Organisation/Institution
Fudan University
Country
CHINA
Panel
Environmental Law
Title
Developing a Climate Litigation Framework: China's Contribution to International Environmental Law
Abstract
Although "climate litigation" isn't a native Chinese term, localizing it is essential, as it aligns with the goal of establishing an independent environmental legal knowledge system in China. Rooted in China's judicial tradition that emphasizes substantive rationality, traditional legal theories have focused primarily on environmental law. However, the current practice of the rule of law has led to an unclear trajectory for climate litigation. Research on climate litigation has long been trapped in a paradigm relying on lawsuits for ecological environmental damage compensation and environmental public interest litigation, leading to a significant disconnect between theory and practice. Given the deepening of the "dual carbon" (carbon peaking and carbon neutrality) strategic goals, it is imperative to redefine the concept of climate litigation within the Chinese context. We need to establish a theoretical framework that aligns with the "dual carbon" objectives while providing theoretical and institutional support for climate litigation, ultimately contributing to the international discourse on climate justice. Additionally, the proactive climate governance and robust ESG (Environmental, Social, and Governance) practices in Hong Kong provide valuable insights for developing comprehensive climate litigation mechanisms. Based on this analysis, we propose concrete plans for building a climate litigation system in China. This includes establishing a preventive relief system and a multi-source legal framework at the substantive level and developing climate judicial mechanisms for mitigation and adaptation at the procedural level.
Biography
I am currently a PhD in Environmental and Resources Protection Law at Fudan University Law School, with a GPA of 3.72. I hold a doctor's degree in Environmental Law, a Master’s degree in Civil and Commercial Law from Shanghai University of International Business and Economics and a Bachelor's degree in International Economic Law from East China University of Political Science and Law, where I graduated with distinction. During my undergraduate studies, I participated in an exchange program at City University of Hong Kong, where I studied Criminal Law, Contract Law, Tort Law, and Constitutional Law. My research primarily focuses on environmental law, carbon finance, and legal frameworks supporting China’s "Dual Carbon" goals. I have published several papers on topics such as carbon market development, ESG information disclosure, and environmental civil liability, and I have contributed to various national and provincial research projects.In terms of professional experience, I have interned at leading law firms like Zhonglun and JunHe LLP, as well as at the Shanghai Environment and Energy Exchange, where I worked on carbon trading and legal compliance matters. Currently, I am serving as an editorial intern for Oriental Law. Throughout my academic career, I have received numerous awards, including top honors in academic essay competitions, and I have been actively involved in presenting my research at high-level academic conferences related to law and environmental governance.
