A Collaborative Model for Restorative Compensation in Public Interest Litigation Involving Aquatic Ecology in Guangdong Province, China

Abstract

<p>The Guangdong Province is rich in waterways, including those of the Pearl River. The entire watershed of the Pearl River system spans the territory of six provinces. Considering the overarching objective of building a ‘beautiful Bay Area’ under the guidance of Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area as well as the ecological problems that span over river basins and regions in Guandong Province, public interest litigation is a useful tool in protecting the environment. Analyzing 95 first-instance (trial) judgements handed down in Guangdong Province between 2018 and 2021, we sought to evaluate public interest litigation as a means of safeguarding aquatic ecology in the Greater Bay Area (GBA), China. Cases were categorized for: firstly, their approach to determining the extent of ecological damage; secondly, the procedure used for receiving and auditing restorative compensation; thirdly, the collaboration between the court and government departments in the management and use of restorative compensation; and fourthly, the collaborative ‘public–private’ supervision utilized to monitor the implementation of restorative compensation and actual restoration. Our insights are intended to provide guidance for cooperative opportunities in the large transregional water systems and offshore areas of mainland China.<br></p>