1. 1 The Road to Environmental Justice ------From a Water Resources Protection Perspective Judge Hong-yu Shen Supreme People’s Court of China

2. 2 An Overview of Chinese Judicial System on Water Resources Protection---Court System Local People’s Courts The Supreme People’s Court Specialized People’s Courts Higher people’s courts at the province, autonomous region, and municipality directly under the Central Government level Intermediate people’s courts at the municipality and autonomous prefecture level Basic people’s courts at the city, district and township level Dispatched tribunals of basic people’s courts Military Courts Maritime CourtsRailway and Transport CourtsForestry CourtsOther Specialized Courts

3. 3 Water Resources Legislation General Principle of Civil Law 1986 Environmental Protection Law 1989 (amended in 1999) Marine Environmental Protection Law 1982 (amended in 1999) Law on Prevention and Control of Water Pollution 1982 (amended in 1996 and 2008) Water Law 1988 (amended in 2002) Tort Liability Law 2009

4. 4 Part I. Marine Resources Protection China as Member of International Conventions International Convention Relating to Intervention on the High Seas in Case of Oil Pollution Casualties 1969 International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 The United Nations Convention on the Law of the Sea 1982 International Convention for the Prevention of Pollution from Ships 1973, as amended by Protocol of 1987

5. 5 Part I. Marine Resources Protection Member of International Conventions (cont’d) The International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 International Convention on Civil Liability for Oil Pollution Damage 1969, as amended by the Protocol of 1992 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention 2001) HKSAR only: International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971

6. 6 Part I. Marine Resources Protection National Marine Legislation The legislature has enacted most of these international conventions. Such domestic laws mainly include:  Marine Environment Protection Law of the People's Republic of China (1982)  Maritime Code of the People’s Republic of China (1992)  Special Procedure Law of the People's Republic of China on Admiralty Action (1999)  Prevention of Pollution Damage to the Marine Environment by Vessels Ordinance (1999, replaced 1983 version)

7. 7 established in 1984 established between 1990 and 1999 Part I. Marine Resources Protection Distribution of Maritime Courts

8. 8 Part I. Marine Resources Protection Oil Pollution by Vessel Cases at the Trial Level Number of Pollution Cases increasing. More than half of the cases settled by ADR Litigation: From 1988 to 2008, the ten maritime courts tried more than 300 oil pollution cases, with claims totaling RMB 3 billion (approximately USD 433 million).

9. 9 Part I. Marine Resources Protection Experiences Professional Judge Staff  505 judges, most of which college graduates, 48% of them with a Masters or Ph.D. degree  Annual Judge Training  Overseas Training Programs  Seminars and Conferences Facilities that guarantee access to justice  32 dispatched tribunals  Better case management system Special Admiralty Action Procedures  Arrest and Auction of Vessel  Maritime Injunction  Preservation of Maritime Evidence

10. 10 Part I. Marine Resources Protection Experiences (cont’d) Marine Environment Supervision Authorities as Plaintiff confirmed by law  According to the Marine Environment Protection Law, Art. 90, Marine Environment Supervision Authorities are entitled to bring tort claims against the polluters on behalf of the country Mediation Widely Adopted  Two principles: party autonomy and restoration of environment  A case study----Dec. 7, 2004 “Modern Promotion” Vessel Case

11. 11 Part II. Inland Water Resources Protection Water Crisis Number of inland water pollution cases increasing Birth of Green Courts Pilot Cases on Public Interest Litigation

12. 12 Part II. Inland Water Resources Protection Green Courts  Environmental Court, Qingzhen, Guiyang, Guizhou Province  Distribution of Environmental Protection Cases from 2007/11 to 2010/06, Qingzhen EC  272 cases accepted, 239 cases cleared, 33 cases in process

13. 13 Part II. Inland Water Resources Protection Green Courts  Environmental Tribunal, Wuxi Intermediate People’s Court, Jiangsu Province  Environmental Collegiate Panels, JiangYin, Yinxin, Binhu, Xishan,HuiShan Basic Courts, Jiangsu Province  361 environment protection cases cleared from 2008 to 2009

14. 14 Part III. The Supreme Court’s Function in Strengthening Water Resources Protection Adjudication of petitions for review from appellate decisions Supervision of lower courts (e.g., by issuing guideline, assessing court performance and etc.) Judicial Interpretation Judge Training

15. 15 Part III. The Supreme Court’s Function in Strengthening Water Resources Protection Pending Issues Cross-region water pollution Jurisdiction Reform Damage Evaluation Capacity Building

16. 16 The Road to Green Justice is Ahead ALL of Us……