Challenges in China's Natural Resources Conservation & Biodiversity Legislation

By Yu, Wenxuan; Czarnezki, Jason J. | Environmental Law, Winter 2013 | Go to article overview

Challenges in China's Natural Resources Conservation & Biodiversity Legislation


Yu, Wenxuan, Czarnezki, Jason J., Environmental Law


I.  INTRODUCTION

II. BIODIVERSITY LEGISLATION IN CHINA

   A. Ecosystem Protection and Conservation

   B. Nature Reserves Management Tools

   C. Resource Use And Protection

III. CHALLENGES FACING EXISTING LEGISLATION

   A. Ecological Values

   B. Implementation and Enforcement

   C. Public Participation

IV. IMPROVING CHINA'S NATURAL RESOURCES CONSERVATION
AND BIODIVERSITY LEGISLATION

   A. Participation and Incentives

   B. Liability

   C. Legislative And Administrative Coordination

V. CONCLUSION AND FINAL PROPOSAL

I. INTRODUCTION

According to the Convention on Biological Diversity (CBD), biodiversity refers to "the variability among living organisms from all sources including ... terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems." (1) The CBD divides this generalized definition of biodiversity into genetic diversity, species diversity, and ecosystem diversity. (2)

Few other countries possess the same level of biodiversity as China. (3) China is home to over 30,000 types of vascular plants and 6,347 vertebrates, accounting for 10% and 14% of the world's totals, respectively. (4) China also has a wide variety of unique terrestrial habitat types. (5) The United States is similar to China in size and also offers a high level of biodiversity, but still is not as diverse as China. (6) The U.S. is home to 4,529 types of vertebrates and 18,100 vascular plants. (7) In total, the U.S. has documented more than 200,000 species of animals, plants, and fungi, representing more than 10% of all documented species worldwide. (8)

The decline of biodiversity is accelerating throughout the world. (9) While biodiversity loss is significant in the United States, (10) the rate of loss is especially pronounced in China where ecosystem and species diversity is threatened by China's rapid economic development, which has already impacted environmental quality. (11) Throughout China, river and lake sedimentation are increasing; lake and groundwater levels are decreasing; oasis and vegetation loss in arid areas is more common; natural forests are being cut; reclamation and destruction of grasslands continue; red tide is damaging the marine ecosystem; beach erosion and seawater encroachment are worsening; wildlife populations are decreasing; and many rare plant and animal species are in danger of extinction. (12)

Many environmental law articles about China focus on pollution control, yet few deal with natural resources law and conservation. (13) Part II of this Article provides a brief overview of Chinese biodiversity and conservation legislation, while Part Ill discusses the challenges facing biodiversity legislation in China. Despite China's legislative attempts to conserve its natural resources, and in turn, to protect biodiversity, Chinese law struggles to effectuate these goals due to implementation, enforcement, and public participation problems, and legislative tendencies to promote economic values rather than ecological ones. This Article suggests, in Part IV, that China can improve biodiversity legislation through increasing the public's role in conservation efforts, strengthening liability and enforcement mechanisms, improving administrative coordination, and developing an integrated legislative framework for future biodiversity and conservation action.

II. BIODIVERSITY LEGISLATION IN CHINA

This Part provides a brief overview of the legal regime in China as it addresses biodiversity and conservation. International conventions have helped create and promote biodiversity legislation in China, (14) but these legislative efforts face significant implementation challenges. As compared to the United States, China arguably has more legislation--including constitutional law--touching on biodiversity concerns. In addition, like the U.S., biodiversity and conservation concerns infiltrate a variety of natural resources and environmental laws. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Challenges in China's Natural Resources Conservation & Biodiversity Legislation
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.