An eastern solution to global problems

Migratory birds fly across a wetland in Fujian Province on April 19 (XINHUA)
On March 12, China’s National People’s Congress, the top legislature, formally adopted the Ecological and Environmental Code, the country’s second statutory code after the Civil Code, which was adopted in 2020. This landmark legislation consolidates more than 30 existing environmental laws, including the Environmental Protection Law and laws on air, water, soil and solid waste pollution, into a single, coherent legal framework.

On June 9, just three months after the code’s adoption, experts and officials gathered in Beijing for an event titled Workshop on China’s Ecological and Environmental Code and Global Environmental Rule of Law: Implementation and Collaboration. At the workshop, they shared their views on the significance of the code and global environmental governance. Edited excerpts of their views follow:

Lu Zhongmei, Chairperson of the Chinese Society of Environmental and Resources Law

With five chapters and 1,242 articles, the Ecological and Environmental Code is the result of over 40 years of environmental governance experience. This code is not just a milestone in China’s rule of law; it carries profound significance from both a Chinese and a global perspective.

The code addresses China’s unique challenges and forges an independent development path. China supports some 20 percent of the world’s population with only 7 percent of its arable land and 6 percent of its fresh water. At the same time, it faces the complex, overlapping pressures of agricultural, industrial and post-industrial environmental issues. The old Western path of high resource consumption is simply not viable for China.

The code pioneers an integrated eco-environmental concept, merging pollution control, sustainable resource use and other aspects of ecological protection and restoration. This fundamentally addresses the past problem of fragmented governance.

The code clearly pursues “modernization featuring harmony between humanity and nature,” unifying productive development, a healthy ecology and prosperous lives. It recognizes nature’s intrinsic value and makes the carrying capacity of ecosystems the bottom line. The code also includes a dedicated section on green and low-carbon development. It responds to global challenges, offers a replicable governance model and translated international consensus into domestic legal practice.

The code incorporates core obligations from the United Nations Sustainable Development Goals and the Paris Agreement into domestic law, providing a solid legal foundation for fulfilling international commitments. It establishes a multi-stakeholder governance system led by the Communist Party of China and the government, along with institutions and practices like ecological red lines, compensation mechanisms, carbon emission trading and public-interest environmental litigation. These proven, effective systems offer a replicable legislative model for other developing countries.

In summary, this code is very Chinese because it is rooted in China’s national conditions, institutional strengths and cultural heritage. At the same time, it is very global because it contributes unique Eastern wisdom and replicable institutional resources to global environmental governance. It is not a closed-off form of particularism but a responsible major power’s commitment to protecting our shared blue planet.

Adam Weiss, Chief Programmes and Impact Officer of environmental organization ClientEarth

The formal adoption of China’s Ecological and Environmental Code is a landmark moment, not only for China’s environmental rule of law but for the advancement of environmental law worldwide. The code belongs not only to China, but to the world. Few countries have ever attempted to consolidate over 30 separate environmental laws into a single, coherent legal framework that integrates pollution control, ecological conservation and climate governance.

First, the code provides a stronger and more coherent legal foundation for environmental protection. By reducing fragmentation and improving consistency across different areas of environmental law, it supports more effective implementation, enforcement and long-term policy stability.

Second, the code strengthens the legal framework for China’s green and low-carbon transition. For the first time, climate-related provisions are systematically incorporated into a comprehensive environmental code. At a time when nations worldwide are seeking pathways to sustainable development, energy transition and climate resilience, this represents a major step forward.

Third, the code reinforces China’s legal basis for active participation in global environmental governance. With the world facing a triple planetary crisis of climate change, biodiversity loss and pollution, the code provides a long-term guarantee that China will continue prioritizing the environment in the decades toward 2060 and beyond. This commitment is already visible internationally: China has applied to host the secretariat of the Biodiversity Beyond National Jurisdiction Agreement in Xiamen (The agreement, which is also referred to as the High Seas Treaty, entered into force on January 17 and marks a new chapter in global ocean governance—Ed.), demonstrating strong support for multilateralism and the rule of law in ocean governance.

Now that the code has been adopted, effective implementation is the top priority. A key test will be the management of new pollutants and chemicals—a major concern globally. Although many chemicals are known to have serious negative impacts on human health and fertility, they continue to be used in consumer products and food. Proving their harm is often puzzling, costly and difficult.

The code stresses that “prevention comes first.” This calls for the application of the precautionary principle: In cases of scientific uncertainty, restricting the use of new pollutants until they are proven safe. This approach avoids the past mistake seen with tobacco products, where producers used uncertainty to delay accountability for decades.

The true success of the code will ultimately be measured by real-world outcomes: cleaner air and water, safer food, healthier ecosystems, more effective climate action, and stronger protection of biodiversity and the public interest. The central question is how it can be implemented effectively, consistently and fairly. This will require continued collaboration among legislators, judges, prosecutors, scholars, civil society and international partners. No country has solved these challenges alone. All can learn from each other’s experiences.

Patricia Kameri-Mbote, Director of the Law Division of the United Nations Environment Programme (UNEP)

China’s environmental developments are an integral part of the global evolution of environmental rule of law. Beyond the codification of the Ecological and Environmental Code, the work of China’s judiciary, prosecutorial offices and academia is central to addressing environmental challenges through law. China is truly leading the way in environmental legislation, enforcement and jurisprudence.

Environmental rule of law requires multi-level action, multiple actors, and integrated policy and decision-making processes, alongside clear responsibility and accountability. The UNEP has advanced this through the Montevideo Programme (since 1982), working with judges, academics, prosecutors, lawyers and other practitioners.

Several emerging issues stand out:

First, the human right to a healthy environment. It is now widely accepted that human rights and the environment are inseparable. This led to UN General Assembly Resolution 76/300 and initiatives at all levels. Over 165 countries recognize this right, and ASEAN adopted its own declaration in 2025. Upholding environmental rights hinges on access to information, public participation and access to justice.

Second, environmental adjudication is essential to address non-compliance that drives environmental challenges, especially for marginalized communities. This is particularly evident in climate change cases, as reflected in advisory opinions from multiple international and regional courts.

Third, the technological revolution supports environmental rule of law through drones, AI and observation technologies, enabling more accurate detection of illegal activities. Real-time access to environmental information is now common in many countries.

Fourth, environmental law principles are rapidly evolving in international law. They guide interpretation, fill gaps and are increasingly codified into national legislation, as seen in Cambodia and France. China’s code does not have a specific section on principles, but these principles are evident throughout.

The environmental rule of law must not be seen in isolation or as static. It evolves constantly with new commitments, treaties, laws and policies addressing interconnected challenges, increasingly interacting with social, economic and cultural considerations. The UNEP remains committed to working with all relevant actors to make environmental rule of law a reality. –The Daily Mail-Beijing Review News exchange item