Background

The codification of environmental law is a new study subject in China. Sharing the continental law experience in this area makes it possible to answer questions about the codification technique and the combination of code stability and its necessary and proper adaptation. Codification is the theme on which Chinese legal professionals place the priority for obtaining the opinion of foreign experts.

Development of a new law on air pollution: this involves reviewing the current applicable law as a whole and addressing issues such as emission management, those related to carbon resource exploitation and to road traffic, pollution rights and legal consideration of climate change and greenhouse gas emissions.

Development of a "green" tax: the government attaches great importance to developing economic measures for environmental protection. It is a relatively new concept in China; knowledge of foreign experience so far remains limited and there are a great number of questions.

These issues include :

• the nature and volume of business taxed,
• methods of taxation,
• the nature of the bodies in charge of collecting taxes,
• the use made of revenues thus generated,
• the assessment methods for environmental tax measures,
• the integration of this tax in the legislative framework.

The objective

Contributing to the drafting of a Chinese codified environmental law conducted in collaboration with experts from the continental law legal system.

Achieving an environmental law that incorporates the principles of continental law and which could affect exchanges within regional, national and international companies and facilitate the implementation of continental law institutions.

The means

Implementing cooperation between legal experts appointed by the Fondation pour le droit continental and the Chinese in charge of the project. A general method has been proposed: document exchanges, work seminars in China involving foreign and Chinese experts, study visits of Chinese experts to France and Europe, and the Fondation's participation in the drafting of legal texts like the Ricci Dictionary.

The prospects

Initiating other projects in this geographical region to move towards environmental law harmonization.

This offer may be extended to other countries.