“Geographically China has relatively strong physical capacity to adapt the variation of climate. However the adverse impact still exists.”- Professor Dr. Qun DU, at School of Law and Deputy Director at Research Institute of Environmental law, Wuhan University, China

Dr. Qun Du is Professor at School of Law and Deputy Director at Research Institute of Environmental Law, Wuhan University, PRC. She awarded Ph. D. in Environmental Law, Law School of Peking University, PRC in 1999. She is Vice Chair of Professional Commission for Environmental Law of China Environmental Science Association, and member of Commission on Environmental Law (CEL) of World Conservation Union (IUCN). She has been working, teaching and conducting researches on environmental law since 1991. Dr. Qun spoke to Sabita Gyawali and Prabodh Devkota on various aspects of climate change and China. Following is the brief summary of the discussion.

1. Why law is important within the broader issues of climate change?
   
   Law is to regulate human’s behavior. Nowadays there are more evidences showing that global warming is of more likely human activity- induced result rather than naturally forced one, and the consequence of global warming will then bring about huge adverse impacts to the earth that human being and all species are commonly rested. Taking the precautional consideration into account, it is necessary for law to control human behavior with regard to climate change.
   
   
2. Do you think, it is necessary for organizations working on climate change to understand the concepts and ideas on law and climate change?
   
   Yes, it is very necessary for organizations working on climate change to promote the concepts and ideas on law and climate change. The understanding of the value of law and policy to climate change and the functions of law and policy relating to climate change is the first step to make law and policy workable to climate change.
   
   
3. What are your views on the impact of climate change in China’s growing economy and its people?
   
   Geographically China has relatively strong physical capacity to adapt the variation of climate. However the adverse impact still exists. For example, water would be of a great concern to the current economic growth and the livelihood of people. In particular to the west north of China and other dryland areas, water scarcity would be hastened.
   
   
4. How do you rate China’s legal policies environment to addresses the causes and consequences of Climate Change?
   
   China has the fairly good legal environment to address climate change. In the 11th Five Year Plan (2006-2010), the government took serious actions to reduce major pollutants and improve the efficiency of energy use, including the compulsory accountabilities for the governors in carrying out the reduction targets. In forestry, the conservation programs for forestation and tree planting are invested by the governments continuously. The new collective tenure reform since 2004 institutionally helps farmers manage forests in more sustainable manner, and avoids deforestation.
   
   
5. We often have policies and law which does not necessarily mean that they are implemented, do you agree?
   
   It is true that noncompliance with law and failure in implementation of law frequently occur in many circumstances in China. For example, the environmental impact assessment under environmental law is often not effectively implemented. To avoid of this fact, the government should take more account of environmental sake than economic interest, the enterprises should be imposed of more stringent regulation and liabilities, and promote public participation in public environmental affairs.
   
   
6. What are major policy gaps in china and what are your recommendations for government of China to improve the legal environment?
   
   Major policy gaps in China are as many and as same as other developing countries. We use different approaches to regulate GHGs emission, either sticks or carrots. However for sticks, it still lacks of adequate penalties to violation acts; for carrots, the respective incentive policy and financial sources does not take place timely and sufficiently.
   
   
7. What are your suggestions to other Asian countries? Is there anything to offer?
   
   

   China does not have special law for climate change but deals with climate change issues in different areas of law and professions that relate to climate change. This is an appropriate solution for China with regard to the development of legal environment for climate change, reflecting the fact that climate change is of complex issues and rely for cross law collaboration. This could be one of good expertise of China that could make reference to other Asian countries.

   
   
   

Date: September, 20, 2011

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