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The regulatory style of environmental governance in China: the case of EIA regulation in Shanghai

By: Lo, Carlos Wing Hung.
Contributor(s): Cheung, Kai Chee | Yip, Plato Kwong To.
Material type: materialTypeLabelArticlePublisher: 2000Description: p.305-18.Subject(s): Environmental policy - China | Environmental policy In: Public Administration and DevelopmentSummary: The body of literature that examines how institutional contexts affect environmental governance in advanced industrial countries finds that style of environmental regulation is country-specific. In the pluralist form of democracy like the United States, environmental policy formulation involves bargaining and compromises among interest groups and regulation enforcement through relatively formal and legalistic means. In the corporatist form of democracy like Sweden and Great Britain, in contrast, environmental policies are more accommodating to divergent societal interests and tend to be less formal in their enforcement. These variations in regulatory style have been attributed to differences in basic constitutional structures, regime types and cultures. How do institutional contexts affect the style of environmental regulation in China, which is both a non-democratic and developing country? This article examines China's regulatory style by focusing on environmental impact assessment (EIA) regulation in Shanghai. The Shanghai EIA system is analyzed in terms of policy ideology, policy content, regulatory process, public participation and policy consequences. It is shown that China's being a single-party regime with a `rule of persons' tradition has heavily shaped its environmental governance. Based on Shanghai experience, China's style can be characterized as formal in requirement, agency-dominated in the regulatory process, legalistic in enforcement, and informal politics as the substance of regulation. - Reproduced
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Articles Articles Indian Institute of Public Administration
Volume no: 20, Issue no: 4 Available AR47220

The body of literature that examines how institutional contexts affect environmental governance in advanced industrial countries finds that style of environmental regulation is country-specific. In the pluralist form of democracy like the United States, environmental policy formulation involves bargaining and compromises among interest groups and regulation enforcement through relatively formal and legalistic means. In the corporatist form of democracy like Sweden and Great Britain, in contrast, environmental policies are more accommodating to divergent societal interests and tend to be less formal in their enforcement. These variations in regulatory style have been attributed to differences in basic constitutional structures, regime types and cultures. How do institutional contexts affect the style of environmental regulation in China, which is both a non-democratic and developing country? This article examines China's regulatory style by focusing on environmental impact assessment (EIA) regulation in Shanghai. The Shanghai EIA system is analyzed in terms of policy ideology, policy content, regulatory process, public participation and policy consequences. It is shown that China's being a single-party regime with a `rule of persons' tradition has heavily shaped its environmental governance. Based on Shanghai experience, China's style can be characterized as formal in requirement, agency-dominated in the regulatory process, legalistic in enforcement, and informal politics as the substance of regulation. - Reproduced

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