February 14, 2018 – Dr. Pitman B. Potter, The University of British Columbia, discussed climate change and trade policy in China at an event co-sponsored by Pacific Asian Legal Studies (PALS) and the Environmental Law Program (ELP). The event, Coordinating Environmental Protection and Trade Policy in China, focused on China’s attitudes toward environmental regulation and protection.

Potter stressed that human rights and the environment is key to understanding the context for China’s attitudes toward environmental regulation. China has experienced environmental disasters, which have caused significant harm to human health. Environmental regulation, as a result, focuses on human rights and the environment in relation to health.

Potter also discussed “selective adaptation” and “institutional capacity.” Selective adaptation examines normative conditions for local implementation of human rights standards and international trade. Institutional capacity is the ability of agencies to implement policies and regulations in the context of local socio-economic and political conditions. In China, there is a great need for environmental regulation to protect human health; however, the implementing agencies must balance this need and the implementation of environmental regulations with the policy of economic growth.

Lack of environmental regulation has contributed to China’s popularity in international trade. With fewer regulations, exports from China are generally cheaper. Furthermore, implementing environmental regulations while abiding by international trade obligations presents a challenge. Potter suggested that alternative approaches may solve this problem. He suggested corporate social responsibility as one alternative. He also, however, noted that alternatives pose a number of challenges.