The rule by climate targets: the experience and legal pathways of China

Abstract

ABSTRACT The international legal community is working together on exploring a legally sustainable and workable system for climate change. China's climate governance is distinguished by using targets to lead actions in society instead of legally binding laws. Meanwhile, the legalization of climate targets has become a unique feature of climate law globally, so there is naturally a discussion about Rule by Targets and the Rule of Law in climate governance in China. This article believes targets in climate law provide an opportunity for the reconciliation of Rule by Targets and the Rule of Law and possibly a climate rapprochement of liberal democratic states and authoritarian states in dealing with climate issues. This article aims to contribute to the discussion and shed light on how the target-approach works in climate governance in China. It does so by examining the legal background, the legislative, administrative and judicial branches, asserting that climate targets have legally binding force in China without comprehensive legislation. Moreover, this article specifically discusses the challenges with the legalization of climate targets in depth and further provides possibilities for a hybrid model of the climate legal system in China. As a result, China’s local governance experiences could contribute to the quest for a legal solution of global climate change.