SPC: The Kunming Declaration provides a practical judicial solution for global environmental governance

Cover news reporter Su Yu

On October 28, the SPC held a press conference to issue the Opinions of the Supreme People's Court on Strengthening and Innovating the Adjudication of Environmental Resources in the New Era and Providing Judicial Services and Safeguards for the Modernization of Building Harmonious Coexistence between Man and Nature (hereinafter referred to as the Opinions). Yang Linping, vice president of the Supreme People's Court, said at the meeting that the Kunming Declaration strengthens international exchanges and cooperation in environmental justice, maximizes consensus among all parties, and provides practical judicial solutions for global environmental governance.

SPC press conference.

Yang Linping said that courts across the country have continuously increased the judicial protection of genetic diversity, species diversity and ecosystem diversity. In 2020, a total of 13,648 cases involving the protection of wild animals and plants represented by the "Green Peacock Case" were concluded. The SPC will also issue judicial policy documents to implement the Central Government's Opinions on Further Strengthening Biodiversity Conservation in due course to strengthen institutional support for biodiversity conservation.

She stressed that the Supreme People's Court will summarize judicial practice experience in a timely manner, release a number of typical cases of biodiversity conservation in a timely manner, and standardize the adjudication rules for biodiversity conservation cases. From 26 to 27 May 2021, the Supreme People's Court and the United Nations Environment Programme jointly hosted the World Conference on Environmental Justice in Kunming, Yunnan Province. As the 15th Conference of the Parties to the United Nations Convention on Biological Diversity towards Kunming, this meeting provided judicial assistance and support for the smooth convening of the Conference of the Parties in Kunming.

Yang Linping said that during the conference, the participants focused on four topics, such as "the role of justice in global environmental governance", "adjudication principles of environmental justice", "judicial protection of biodiversity" and "judicial response to climate change", conducted in-depth exchanges and discussions, gathered broad consensus, and adopted the Kunming Declaration.

The Kunming Declaration clarifies the important role of justice in global environmental governance, advocates upholding the concept of ecological civilization, deepens international exchanges and cooperation in environmental justice, jointly promotes a green and low-carbon circular economy and sustainable development, and jointly builds a sustainable future for man and nature. It clarifies the "three major adjudication principles" of fairness, common but differentiated responsibilities, the principle of individual capabilities, the principle of conservation and sustainable use of natural resources, and the principle of liability for damage, and actively responds to the three major environmental crises of climate change, biodiversity and environmental pollution.

In addition, she said that the Kunming Declaration clearly defines the use of preventive judicial measures, restorative judicial measures, public interest litigation and diversified dispute resolution and other "four major measures" to protect environmental rights and interests in accordance with the law and properly resolve environmental disputes. It has clarified the "three focus points" of deepening the specialization of environmental judicial capacity, the application of information technology, and international exchanges and cooperation, and will actively implement the consensus determined by the Kunming Declaration, and effectively improve the ability of environmental justice to safeguard biodiversity.

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