Incorporating the Right to a Healthy Environment (RTHE) into China's Eco-Environmental Code: International Experience, National Context, and Legislative Recommendations
Edited book (chapter)
He, Lingling and Radavoi, Ciprian N.. 2025. "Incorporating the Right to a Healthy Environment (RTHE) into China's Eco-Environmental Code: International Experience, National Context, and Legislative Recommendations ." Zhao, Xiaobo, McNamara, Noeleen, Gong, Gu and Wu, Kaijie (ed.) Environmental Law Codification in China: Paradigm Change in Environmental Legislation. Singapore . Springer. pp. 191-213
| Chapter Title | Incorporating the Right to a Healthy Environment (RTHE) into China's Eco-Environmental Code: International Experience, National Context, and Legislative Recommendations |
|---|---|
| Book Chapter Category | Edited book (chapter) |
| ERA Publisher ID | 3337 |
| Book Title | Environmental Law Codification in China: Paradigm Change in Environmental Legislation |
| Authors | He, Lingling and Radavoi, Ciprian N. |
| Editors | Zhao, Xiaobo, McNamara, Noeleen, Gong, Gu and Wu, Kaijie |
| Page Range | 191-213 |
| Series | Contemporary Environmental Law and Policy |
| Chapter Number | 9 |
| Number of Pages | 23 |
| Year | 2025 |
| Publisher | Springer |
| Place of Publication | Singapore |
| ISBN | 9789819692101 |
| 9789819692118 | |
| ISSN | 3059-3409 |
| 3059-3417 | |
| Digital Object Identifier (DOI) | https://doi.org/10.1007/978-981-96-9211-8_9 |
| Web Address (URL) | https://link.springer.com/chapter/10.1007/978-981-96-9211-8_9 |
| Abstract | The right to a healthy environment (RTHE) has emerged as a foundational principle in international human rights and environmental law, recognized by over 85% of UN Member States. Although China has yet to formally adopt RTHE in its constitutional or statutory framework, significant progress has been made through its “Ecological Civilization” agenda and evolving environmental legislation. This chapter examines the global development of RTHE, including its substantive and procedural dimensions, and analyzes comparative constitutional, regional, and treaty-based practices. It then critically assesses the current status of environmental rights in China—across constitutional, legislative, and policy levels—and explores theoretical debates surrounding their nature and scope. Drawing on international experience and China’s legal context, this chapter proposes a hybrid model for incorporating RTHE into China’s proposed Eco-environmental Code. It advocates for a unified, multi-layered legislative approach to strengthen environmental rights protection while aligning with China’s developmental and governance priorities. |
| Keywords | Right to a healthy environment; Eco-environmental Code; China; Ecological civilization; Environmental legislation |
| Contains Sensitive Content | Does not contain sensitive content |
| ANZSRC Field of Research 2020 | 480203. Environmental law |
| Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
| Byline Affiliations | School of Law and Justice |
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