Comprehensive Implementation of the Ecosystem Approach: Thoughts on the Codification of China’s Ecological Protection Law
摘要
The compilation of China’s Eco-environmental Code should fully implement the ecosystem approach as the guiding framework for constructing its legal system. The ecosystem approach includes six practical principles: the protection of ecological integrity, the maintenance of ecological carrying capacity, the prioritization of nature-based solutions, the comprehensive management of environmental resources, the collaborative governance by interest groups, and the balance of rights and responsibilities to generate good incentives. These principles call for reform in environmental legislation. In recent years, China has made significant progress in implementing the ecosystem approach in environmental legislation; however, notable shortcomings remain. The Eco-environmental Code should specifically establish a section dedicated to ecological protection, clearly determining the scope of adjustment, reinforcing the value of ecological protection, and arranging chapters that are conducive to achieving overall protection of ecosystems. The Natural Ecology Conservation Part aims to form a systematic governance system based on five unifying principles and to appropriately manage its relationship with individual laws. This section should focus on addressing major institutional obstacles, adopting multi-pronged measures to comprehensively improve the legal system, and enhancing the level of the rule of law in ecological protection.