September 29, 2016
by William Schulte
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China Releases National Human Rights Action Plan for 2016-2020

National_Emblem_of_the_People's_Republic_of_China.svgToday the Information Office of China’s State Council released China’s National Human Rights Action Plan for 2016-2020.  It is the third such plan that China has released since 2009, and it is intended to dovetail with the country’s 13th Five Year Plan for economic and social development.  The Human Rights Action Plan covers a number of different issues, including: economic, social and cultural rights; civil and political rights; rights of ethnic minorities, women, and other minorities; education about human rights; and fulfillment if international human rights obligations.  Notably, environmental rights feature prominently in the Action Plan, as well as several rights with regard to judicial and legislative processes that have implications for the fulfillment of environmental rights. Continue Reading →

September 23, 2016
by William Schulte
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Strengthening Myanmar’s Environmental Impact Assessment System

DSC_1050Over the past couple of years, Vermont Law School‘s (VLS) Myanmar Environmental Governance Program has had a strong focus on supporting the implementation of a new Environmental Impact Assessment (EIA) system. On paper, the system is very good, but it involves new concepts and processes for all stakeholders – government, project proponents, consultants and civil society. Indeed, Myanmar just recently adopted new EIA procedures in December 2015.  Because it is so new, there is extremely limited capacity to properly implement this system, and enforcement is a long way down the track.

To support the government implement the EIA system, VLS has been undertaking various capacity building projects with the Environmental Conservation Department, which is a part of the Ministry of Natural Resources and Environmental Conservation. We have conducted training workshops with ECD staff and the inter-ministerial EIA Report Review Body, which is coordinated by ECD. Most recently, we have been undertaking EIA review clinics with ECD staff. These clinics involve practical one-on-one (or small group) training where we assist staff review EIAs that they have been assigned. We help them identify any weaknesses with the reports and prepare feedback to the EIA consultant and briefing material to their senior officers. Since late last year, VLS has conducted 8 clinics and help review about 50 EIA documents. The final clinic for the year will be held in the first week of October. Continue Reading →

September 15, 2016
by William Schulte
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Case Notes: All-China Environment Federation v. Zhenhua Glass Company, Ltd.

ACEF logoOn July 20, 2016 the Dezhou Intermediate Peoples’ Court (Shandong Province) ruled in favor of the All China Environment Federation in their lawsuit against the Zhenhua Glass Company, Ltd. for its failure to control atmospheric emissions of pollutants including sulfur dioxide, nitrogen oxide, and fine particulate matter.  The court ordered Zhenhua to pay approximately $3.3 million USD into a fund for air quality restoration, and make a public apology on a local television station.

Environmental public interest litigation (EPIL) is still less than two years old in China, and this case is an encouraging sign that courts in China are taking these types of matters seriously.  However, there are still many issues that need to be worked out in order to make EPIL an effective tool to help China address its environmental challenges. For a deeper analysis of this case with commentary from our partner Global Environmental Institute and from our own team, please follow this link.

June 21, 2016
by William Schulte
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Environmental Public Interest Litigation Training Workshop

CLAPV LogoOn June 6-7, 2016, the US-Asia Partnerships for Environmental Law, the Center for Legal Assistance to Pollution Victims  (CLAPV) at China University of Politics and Law, and the Beijing Huanzhu Law Firm jointly held a training workshop on environmental public interest litigation for environmental attorneys and civil society organizations in Beijing, China. Continue Reading →

May 13, 2016
by yuzhuang
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Friends of Nature (China)’s Fight against Soil Pollution in China

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Lawyer representing FON submitted complaint to court on April 29, 2016. Source: Friends of Nature (China)

As we mentioned in previous blog, on April 17, 2016, China Central Television (CCTV) broadcast a brown field pollution incident in Changzhou city, China’s Jiangsu province, where nearly 500 middle school students were reported to fall ill allegedly due to toxins from a former pesticide manufacturing site adjacent to their new campus.[1] Three days later, on April 20, Friends of Nature (FON),[2] China’s oldest environmental NGO founded in 1993, submitted 15 Open Government Information (OGI) requests to Changzhou Environmental Protection Bureau (EPB)and its Xin Bei branch.[3] On April 29, FON filed an environmental public interest litigation (EPIL) case at Changzhou City Intermediate People’s Court. China Biodiversity Conservation and Green Development Foundation (the Green Development Foundation), a well-known Chinese NGO dedicated to protect the environment and to conserve biodiversity in China, joined the litigation as co-plaintiff. The Beijing-based Center for Legal Assistance to Pollution Victims at Chinese University of Political Science and Law and a local NGO in Jiangsu province, Lvse Jiangnan Public Environment Concerned Center, participated in the lawsuit as supporting entities. Continue Reading →

May 9, 2016
by yuzhuang
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Soil Pollution in China Threatens the Health of its Citizens and Investment

China Soil Pollution

Source: The Guarian

On January 20, 2016, Washington Post released an article: “Six charts that explain why U.S. companies feel unwelcome in China.”[1] These six charts were published in the China Business Climate Survey Report by the American Chamber of Commerce in China. They explain six major challenges foreign companies face in China: (1) shrinking profit margins, (2) unpredictable legal environment, (3) restricted foreign NGO laws, (4) unfair interpretation of law and regulations against foreign companies, (5) censored internet, and (6) alarming air pollution.  Due to these challenges, one third of U.S. companies are not planning to expand investment in China and a quarter have either moved or plan to move capacity out of China.

Air pollution may not be the only growing environmental concern that makes it harder for American companies to attract top level executives. China is facing intimidating challenges in preventing and controlling soil pollution. Compared to air pollution, soil pollution is more easily hidden and long-lasting.  Continue Reading →

March 3, 2016
by Jeffrey P. Caesar
6 Comments

Social Entrepreneurship In Nepal And The Use Of Alternatives To Empower Its Most Valuable Resources: Women

Sita Adhikari at Kalpavrisksha Greater Goods

Sita Adhikari at Kalpavrisksha Greater Goods

In 2011, the Kalpavriksha Greater Goods was established as a social enterprise boutique in Chitwan Valley National Park, Nepal. Alongside Empower Generation (an international non-governmental organization whose mission is to support women’s empowerment through the use of renewable energy technology), Kalpavrisksha Greater Goods outfits women in the community with small solar powered lamps, and in turn teaches them fair-trade business practices in handy craft making skills. In return, these products are sold from the boutique and raise continual income for the women’s families in addition to supporting the efforts of the co-operative. Continue Reading →

February 26, 2016
by William Schulte
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Foreign Investment in the Mekong Region: Reducing Risk and Promoting Sustainable Development

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Dr. Zhou Goumei, Deputy Director General of the China-ASEAN Environmental Cooperation Center

On January 25-26, 2016 the U.S.-Asia Partnership for Environmental Law organized and co-hosted the “Foreign Investment in the Mekong Region: Reducing Risk and Promoting Sustainable Development” Symposium in Beijing in cooperation with the China-ASEAN Environmental Cooperation Center, Global Environmental Institute, and the Wildlife Conservation Society.   Continue Reading →

December 7, 2015
by Elizabeth B. Hessami, J.D., LL.M.
2 Comments

Afghanistan’s Elusive Mineral Wealth

Mes Aynak Gold Buddha Head

A gold-gilded Buddha statue from the 9th century at Mes Aynak, Afghanistan (Source: www.savingmesaynak.com/photos)

Afghanistan is blessed with a veritable horde of mineral wealth.  In copper alone, Afghanistan may possess up to 60 million tons buried in its arid plains.  From the days of the British Empire to the current day, these riches have remained, for the most part, firmly entrenched in the Afghan soil.  There are many dangers involved in attempting to mine in Afghanistan which remains an active conflict zone.  Transportation, governance, logistical, and environmental protection issues are all concerns for a potential mining company.  Afghanistan has endured decades of armed conflict making many companies wary of operating in the nation due to ever-increasing security concerns. Continue Reading →

November 11, 2015
by Nicholas Bihun
3 Comments

The Announcement of China’s Emissions Trading Scheme: Reasons for Skepticism and Prospects for Success

Barak Obama and Xi Jinping

U.S. President Barack Obama and Chinese President Xi Jinping Announce Monumental Climate Change Agreement (Source: PRI)

The United States of America and the People’s Republic of China are the two largest emitters of greenhouse gases (GHG) in the world, China having surpassed the United States in 2006. Between the two, the U.S. and China are responsible for one third of the globes’ greenhouse gases. In total, China’s cumulative emissions since 1990 will overtake those of the United States’ in 2016. According to the World Resources Institute (WRI), China’s 1990-2016 emissions will balloon to 151 billion tons in 2016, while the U.S. will reach 147 billion. These numbers may seem staggering, even insurmountable, but the two countries took steps in November of 2014 to try to reverse these trends. A year later, the U.S. and China have reaffirmed their commitments and expanded on the road-map on how to achieve them. On September 25th, the U.S. and China released the U.S.-China Joint Presidential Statement on Climate Change – the most definitive outline for realizing their climate goals to date. In this announcement, was a key commitment by China, the announcement of a nationwide emissions trading scheme (ETS) by 2017. The viability of such a scheme is debatable, but there is reason to believe that it is possible.

Continue Reading →