Jurisdiction Allocation and Enforcement Guarantee of Cross-Border Environmental Litigation in Pollution Control-An Analysis of Conflict Coordination and Cooperation Paths in the Greater Bay Area

DOI: https://doi.org/10.62517/jel.202614408

Author(s)

Chengran Li

Affiliation(s)

Zhongnan University of Economics and Law, Wuhan, Hubei, China

Abstract

With the accelerating integration of the Greater Bay Area, environmental problems such as cross-border air pollution, river basin water pollution, and illegal transboundary transfer of solid waste have become increasingly prominent. As the different legal systems, frequent jurisdictional conflicts and inadequate judicial cooperation mechanisms in cross-border environmental litigation have severely undermined the regional coordinated governance of the ecological environment. Traditional jurisdiction rules are difficult to adapt to the special pattern of “one country, two systems, three legal jurisdictions”, and adhoc, case-based cooperation cannot meet the needs of long-term governance. Focusing on the construction of cross-border environmental litigation jurisdiction, this paper, on the basis of analyzing the practical dilemmas and institutional causes in the Greater Bay Area and supported by the theories of functional equivalence, procedural coordination and reciprocal recognition of results, constructs a well-structured and efficient cross-border environmental litigation jurisdiction system. It proposes a tripartite jurisdiction model combining basic jurisdiction, priority jurisdiction and agreed jurisdiction, improves the jurisdictional conflict coordination mechanism, and promotes the regional environmental justice from fragmentation to coordination and from ad hoc to institutionalization, so as to provide a rule-of-law path for cross-jurisdictional ecological and environmental protection.

Keywords

Cross-border Environmental Pollution; Environmental Litigation; Jurisdiction Allocation; Functional Equivalence; Greater Bay Area

References

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