Public participation in decision-making on renewable energy projects: Suggestions for Chinese legal reform drawn from the English experience

Abstract

Renewable energy (RE) development and the promotion of public participation in environmental decision-making are two growing initiatives worldwide. However, ineffective public participation in decision-making on RE projects (REPs) contributes to strong public opposition to proposed REPs. This has become a particularly important issue in China. This thesis aims to provide suggestions for Chinese legal reform of public participation in decision-making on REPs by drawing from the English experience. Drawing insight from the English experience is novel to this thesis. England provides useful lessons on implementing public participation, but none of the existing literature systematically examines the legal framework for public participation in decision-making on REPs in England and in China. This thesis addresses this gap and examines the public’s right to participate in decision-making in these jurisdictions. The thesis identifies the role of public participation in decision-making on REPs and identifies the related legislative issues under the Aarhus Convention, a multinational treaty on public participation. It discusses a critical issue — ‘Green on Green’ tension — arising in RE development and reveals the underlying factors contributing to this tension. The thesis systematically analyses the relevant requirements in English law and Chinese law. It also reviews the implementation issues in practice through an examination of case studies. The analysis in this thesis shows that Chinese law has improved regarding public participation in decision-making with respect to REPs. However, the thesis also demonstrates that the current legal framework still does not adequately address all the problems that can lead to ineffective public participation. In particular, the law does not address the scope of public participation, who can participate in public participation, what methods should be used to inform the public, the time-frame for public participation, what methods of consultation should be adopted, and how to deal with the outcome of public participation. This thesis critiques Chinese public participation law against English law which serves as a valuable benchmark and reference. It identifies principles for best practice based on a literature review and proposes suggestions for Chinese legal reform in an effort to improve the effectiveness of public participation in decision-making on REPs.