Jul 31 2017

Environmental Policy and Governance in China

Reviewed by Jessica Gordon, Massachusetts Institute for Technology 

China faces severe environmental challenges and its environmental policies and governance arrangements are in the process of changing.

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edited by Hideki Kitagawa Environmental Policy and Governance in China, Springer, 2017, 198 pp.

China is facing severe environmental challenges including pervasive water, air and soil pollution. To address these issues, its environmental governance regime has undergone significant transformations. These include the emergence of new laws and regulations, new enforcement strategies, and increasing participation of the public and non-state actors. This edited volume provides a predominately historical and legal analysis of China’s unique environmental governance system.

The first chapter by Kitagawa reviews recent environmental policy reforms that have been implemented during the current Xi government. In Chapter 2, Wang examines the detailed changes in the drafts and final texts of the environmental protection law. This includes an overview of the latest, 2014 revisions, providing a useful historical perspective. In Chapter 3, Zhao examines the limited laws and regulations dealing with contaminated land, pointing out, for example, that there are no guidelines regarding soil pollution monitoring. In Chapter 4, Jin offers a legal analysis of the Target Responsibility System, which was created to ensure local compliance and enforcement of national policy in an effort to address widespread implementation gaps. In Chapter 5, He offers an economic analysis of coal resource taxation as a means of reducing fossil fuel use.

In Chapter 6, Sakurai presents a case study of a class action lawsuit brought by pollution victims, making it clear that the absence of an independent judiciary is significant given the ways in which various political bodies influence outcomes. In Chapter 7, Zhang examines environmental petitions, a means for citizens to report issues to the Chinese Communist Party. This is a long-standing alternative to litigation. Given the system’s current shortcomings, and drawing on cases from Japan, Taiwan and South Korea, the author suggests China ought to establish a new environmental dispute resolution system. In Chapter 8, Wang demonstrates how legislation related to Environmental Impact Assessment has provided increased opportunities for public participation. In Chapter 9, Chiashi looks beyond the state, at the role of environmental NGOs in industrial and air pollution control. In Chapter 10, Aikawa takes a historical look at the evolution of environmental NGOs in China.

Interestingly, several chapters focus on the increasing role of public participation, and its limitations, in environmental governance in China. Jin and Wang focus on environmental information disclosure requirements in conjunction with Environmental Impact Assessment requirements. Sakurai describes how the plaintiffs in the class action lawsuits formed an environmental advocacy organization, although it was later shut down. Chiashi and Aikawa focus on the increasing role that NGOs play in environmental policy-making and implementation.

Environmental Policy and Governance in China demonstrates the extensive environmental challenges that China still faces. The book chapters can easily be read individually, depending on the interests of the reader, and understood even by those unfamiliar with China’s legal system. The book includes extensive background information. However, the volume is most likely to engage those with a long-standing interest in China.


Apr 10 2017

Clean and White: A History of Environmental Racism in the United States

Reviewed by Andrea Beck, Massachusetts Institute of Technology

The conflation of race and waste has a long history in the United States, with serious material consequences for the lives and well-being of ‘non-white’ immigrants and African Americans.

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by Carl A. Zimring Clean and White: A History of Environmental Racism in the United States, New York University Press, 2015, 273 pp

In Clean and White, historian Carl A. Zimring explores how environmental factors have shaped social constructions of race in the United States, from the age of Jefferson to the Memphis Public Works Strike of 1968. Rather than treating race and ethnicity as static constructs, as is often the case in studies of environmental racism, Zimring carefully unpacks the ways in which concerns about urban health, hygiene and sanitation were increasingly conflated with concerns about race over more than one hundred years of American history. Whereas whiteness became equated with cleanliness and purity to justify white supremacy, other skin colors came to be associated with waste, dirt, dust and disease. The infamous Ku Klux Klan, as well as some academics, helped develop and spread these linkages. Advertisers of soap and cleansers likewise promoted notions of race and cleanliness in popular culture.

Beyond their discursive importance, the author shows how these constructions of environmental racism had far-reaching material consequences for the affected groups. With white Americans considering waste-handling beneath their dignity, “dirty” jobs such as laundry, waste collection and scrap recycling were disproportionately relegated to African Americans, Asian Americans, and new immigrants from Eastern and Southern Europe, exposing them to serious environmental health risks. In addition to occupational structures, environmental racism also shaped the spatial organization of cities. Between 1870 and 1960, racial residential segregation increased markedly, as whites “fled” the urban core for the suburbs, and noxious industries and waste-handling businesses clustered in non-white residential areas. Spatial environmental inequalities were facilitated by racially restricted lending practices, municipal zoning ordinances and lax enforcement of regulations in non-white neighborhoods.

After World War II, many Jews and Italian Americans (long perceived as non-white) merged into white society. At the same time, the environmental burdens on African Americans and Hispanics remained and intensified, culminating in the Memphis Sanitation Workers Strike of 1968. Although workers and organizers in Memphis did not explicitly use the term “environmental justice,” this strike would become foundational for the emergence of the environmental justice movement in the 1980s. Several examples at the end of the book remind us that environmental racism has endured well into the twenty-first century.

By drawing attention to the social constructions of waste and race, and their material implications, Zimring’s research makes a significant contribution to existing scholarship on environmental racism and environmental justice. What is wanting in the book are specific reflections on where we can go from here. How can American society overcome the long-standing and deep-seated biases uncovered in Clean and White? And how can the book’s message best be translated into public policy? Answering these and other questions will be critical to applying Zimring’s important historical research to life in contemporary America.


May 8 2015

GOVERNING THE NILE RIVER BASIN: THE SEARCH FOR A NEW LEGAL REGIME

Reviewed by Yasmin Zaerpoor, Massachusetts Institute of Technology

Providing a helpful review of the Nile Basin in relation to the political economy of transboundary water resource management

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Governing the Nile River Basin: The Search for a New Legal Regime, by Mwangi Kimenyi and John Mukin Mbaku, Brookings Institution, 2015

Governing the Nile River Basin: The Search for a New Legal Regime is a clear and timely primer for anyone interested in hydropolitics in the Nile Basin and, more specifically, in understanding the significance of the recently signed Declaration of Principles on the Grand Ethiopian Renaissance Dam or Tanzania’s recent ratification of the Cooperative Framework Agreement (CFA). The book’s eleven chapters provide a helpful desk review of the Nile Basin in relation to the political economy of transboundary water resource management including chapters on hydrology (Ch. 2), 1929 and 1959 Nile Agreements (Ch. 4), and recommendations for a future legal framework (Ch. 11).

Although the book clearly introduces the obstacles to cooperation in transboundary water management in the Nile Basin; at times, it adopts a less than objective tone when describing Egypt’s role in the Basin. While Egypt’s power in the Basin is indisputable, and most of the book’s more critical references to Egypt’s control in the Basin are references to other authors’ works, the ‘Egyptian perspective’ is not as well developed as the upstream perspective. That said, the authors do recognize Egypt’s near-complete dependence on the Nile and emphasize that any future basin-wide legal framework must recognize this as well.

The authors aptly point out that the ‘question in the Nile River basin today is not whether to change the status quo but how to do so.’ In the final chapter, they highlight several components of a process they believe will lead to the development of an effective basin-wide legal instrument. These include (i) recognition of Egypt’s dependence on the Nile; (ii) an inclusive and participatory process; (iii) ownership of the process by the Nile Basin states; (iv) basin-wide consultation to ensure the buy-in of all stakeholders (not just government representatives and technocrats); (v) adequate support (e.g. lodging, translators, etc.) for participants engaged in the process; and (vi) flexibility in the design of the legal instrument to account for uncertainty related to climate change.

It is not entirely clear, however, how their recommendations are different from the CFA drafting and negotiation process. In other words, by the end of the book, although the authors clearly illustrate the limited efficacy of the CFA as a basin-wide legal framework in the absence of Egypt and Sudan’s support, they do not present a very clear or strong case for why their recommendations would lead to a different outcome. Given the very recent developments in the Nile Basin (which occurred after the book was published), it would be interesting to hear the authors’ perspectives on how, if at all, the momentum for cooperation catalyzed by recent events could be used to renew the Basin states’ commitment to the CFA process. After ten years of negotiation, it would be a shame to abandon the CFA altogether.

 


Jul 4 2014

WATER – ITS CONTROL AND COMBINATION: MULTIFUNCTIONALITY AND FLOOD DEFENCE by Monica Altamirano, Rik Jonker, and Jurgen van der Heijden

Reviewed by Frans Evers, Dutch OECD National Contact Point, Netherlands

Combining land use and water management objectives is the key to sustainable development

Water – its Control and Combination: Multifunctionality and Flood Defences, by Monica Altamirano, Rik Jonker, and Jurgen van der Heijden, Osborne/Deltares, June 2013 (Google the title for free download of the recent English version)

A road on a dyke with sheep on the slope beside it. Can this age-old combination inspire the development of modern flood defenses? Think of dykes producing renewable energy, or serving as nurseries for new plantlife. A good reason to make combinations like these is their sustainability. Three Dutch experts present and analyse a collection of almost thirty examples, mostly from the Netherlands. Although meant as a factual report, this book puts forward a message deserving extra thought.

An area is set aside for water storage to prevent flooding of a nearby city. This area is also a place for nature conservation, water treatment, open city and recreation. Developing and using the same land for multiple purposes saves space, time and money. Yet, however interesting, this isn’t what makes these combination special.

Authorities are used to optimizing each function separately; for instance, creating a basin for water storage as wide and deep as possible at the lowest possible cost. Combining functions sharing can bring the cost down, but what is special is how multiple functionalities can optimize one another. Water storage helps nature, and nature helps water treatment. Such combinations enhance spatial quality, resulting in a better place for recreation. Revenues from recreation can be devoted to nature conservation.

Using one function to optimize others provides a unique economic force that has always been there, but has yet to be fully explored. The authors prove with almost thirty examples that such an approach contributes to sustainable development. This is an inspiring book for water managers who want to go beyond traditional solutions.


Mar 4 2014

WATER AND THE CITY: RISK, RESILIENCE AND PLANNING FOR A SUSTAINABLE FUTURE, by Iain White

Reviewed by Michal Russo, Tufts University

White suggests that planners have a crucial role to play in avoiding or overcoming hydrological disasters in the city.

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Water and the City: Risk, Resilience and Planning for a Sustainable Future, by Iain White, Routledge, 2010, 224 pp.

In his brief yet surprisingly comprehensive book White deconstructs risk and resilience from the perspective of spatial planning for water in cities. Central to his argument is a conviction, which he draws from Gilbert White, that hydrological disasters in cities are not ‘acts of god’ or natural events. Rather, they are the result of manufactured risks created by patterns of urbanization. In fact, he goes so far as to say that ‘the historical development of many cities may appear to have almost been designed to maximize the risk of flooding and water scarcity’ (p. 175). The silver lining – since the way we design and plan cities has accentuated flood impacts and water scarcity challenges – is that planning could just as well offer a way out of this situation.

White provides much needed clarity regarding ways of handling risk and enhancing resilience. He emphasizes mitigation and adaptation as the goals of intervention. Mitigation takes a longer view. Hazards might be minimized to support a return to equilibrium. Adaptation entails building capacity to respond to changing conditions in the short run by reducing exposure and vulnerability.

My challenge to White concerns the role he assigns to planners in deciding how to lay out cities to reduce risks. He recognizes the surprisingly stationary nature of the problem (citing philosophers and planners from centuries ago who depict challenges reminiscent of those we face at present). This suggests that we run the risk of returning to old blueprints for new solutions. ‘Risk’, he writes, ‘may not be removed but instead transferred spatially and deferred temporally’ (p. 182). Thus, the challenge of choosing the right intervention strategy requires making decisions in the face of substantial uncertainty and picking winners and losers. Are planners up to these tasks? It might make more sense for planners to take the lead in organizing collaborative efforts to manage collective risks.