The Role of the Courts in the Field of Climate Change in China: An Analysis of Regulatory and Judicial Approaches

This thesis examines how China uses law to address climate change and what role courts play in this process. It first analyses China’s regulatory framework for reducing greenhouse gas emissions, including measures such as the emissions trading system, renewable energy development, and carbon offset mechanisms. The study identifies certain gaps within the existing legal framework.

It then explores how Chinese courts address climate-related disputes under current laws. The analysis distinguishes between “narrow” climate cases, which directly concern climate change, and “broad” cases, where climate goals influence judicial reasoning more indirectly. The research finds no single pattern in the narrow cases. While some courts have explicitly incorporated climate change mitigation into their reasoning, others approach such issues more cautiously. In broad cases, Chinese courts tend to support the implementation of national climate policies through statutory interpretation and developments in forms of liability, but they remain careful not to exceed their judicial role.

The thesis concludes that courts in China play a facilitative yet restrained role in climate governance.