JASON J. CZARNEZKI

Our China schedule is officially booked. Yesterday afternoon and this morning I gave a lectures on U.S. climate policy and litigation at Sun Yat-sen University, and tonight I give lecture at the U.S. Consulate on environmentalism. I have meetings and meals planned the rest of the week with Chinese faculty colleagues, former Chinese students and government officials, and Friday morning are the collaborative Vermont Law School / Sun Yat-sen University student paper presentations. (Five Vermont Law School students arrived in Guangzhou yesterday). And before leaving for San Francisco for the AALS Annual Meeting, I meet with folks at WWF Hong Kong and the Hong Kong Environmental Protection Bureau. One very busy week!

Today, as part of my “public diplomacy” tour with the U.S. Consulate, I delivered a lecture on “Everyday Environmentalism” (based on my forthcoming book) to environmental science undergrads at the South China University of Technology (SCUT). About 30 students attended to discuss the environmental impacts of individual behavior on the environment (energy, waste, food choices, etc.). The Q&A was enjoyable with topics including Chinese and American consumption patterns; transportation infrastructure; and the role of University students in improving the environment in China. After the lecture, I had a fantastic lunch with SCUT faculty, students, and the Secretary General of the University.

I just finished reading “Four Fish: The Future of the Last Wild Food” by Paul Greenberg. The book tracks the fisheries decline of four fisheries, salmon, sea bass, cod, and tuna, and offers up “better” domesticated alternatives such as tilapia, tra, barramundi, and kahala.

At the end of the day, I think Greenberg wishes for some small scale artisanal fish industry, but recognizes the need for industrial fish farming that is done sustainably (thus not wild fish, but farmed fish kept out of nature using limited and healthy feed).

While I liked the book, I was concerned with what I found to be Greenberg’s strong faith in law and governance and his limited faith in the ability of consumer behavior to impact environmental change and improve the status of fisheries. (Though I understand his view given, for example, his disappointment with the Marine Stewardship Certification process that consumers rely on.) Overall a good read that makes me want to learn more about ocean law and policy (e.g., Sustainable Fisheries Act), and understand more about cutting edge fish farming techniques.

Finally, a joke from the book:

Question: “How do you tell a farmed fish from a wild fish?”

Answer: “The farmed one is cross-eyed from staring up at the hole in the outhouse.”

From China Digital Times:

Stanley Lubman: Failures in Enforcing China’s Green Legislation

For the Wall Street Journal’s China Real TIme blog, Chinese law expert Stanley Lubman writes about why anti-pollution laws which are on the books are so difficult to enforce in China:

There are numerous reasons why effective enforcement both by the EPBs [Environmental Protection Bureaus] and civil suits is greatly hampered. Local EPBs are only “nominally responsible” to the ministry-level Environmental Protection Administration in Beijing, as Elizabeth Economy notes in her 2004 book “The River Runs Black,” and rely on local governments for “virtually all their support.” Local government officials also benefit from higher levels of output in their region, as Gregory Chow has observed, noting that “they receive credits for economic development and sometimes bribes from polluting producers.” Local governments, the courts and the EPBs give protection to key local enterprises.
A recent study in the academic journal “China Quarterly” on the efforts of local EBPs in Hubei Province to sue polluters who had failed to pay fines provides an example of these dynamics:
In Hubei, the study reports, any discharger of wastewater must register and report on their discharges, and the reports provide the basis on which the EPBs determine any pollution levies that must be paid. If the polluters fail to comply, they may be sued both for the unpaid amount and an administrative penalty.
In 1990, the National People’s Congress adopted the Administrative Litigation Law (“ALL”), which authorized not only civil suits against government agencies for alleged illegalities, but also suits by government agencies for judicial assistance when regulated parties fail to comply with agency decisions. In the early 1990s, when the ALL was still novel, citizens were reluctant to file cases against government agencies–a problem for the administrative law divisions of some courts that faced elimination because of small caseloads. In three areas in Hubei the courts approached local EPBs and cooperated with them in enforcing levies and administrative fines.
The arrangement has been a win-win, but only in one sense. The agencies file more cases, helping the courts increase their caseloads and generate litigation fees. The enforcement cases also generate revenues for the EPBs, which use the funds to supplement their underfunded budgets. As a result, the EPBs seek fines rather than ordering polluters to take measures to reduce pollution.

So says this NY Times Op-Ed.

Dec 29 19:00 – 21:00 Everyday Environmentalism: Law, Nature & Individual Behavior

Professor Jason J. Czarnezki will discuss the environmental impacts of daily choice and the difficulty in regulating individual behavior in the United States. Subtopics will include the environmental impacts of food choice, the household waste and carbon footprints, and urban and suburban development

Venue Public Affairs Section Office, 3rd Floor Garden Hotel (unless notified otherwise)
花园酒店三楼美国领事馆文化处多功能会议室 (另有通知除外)

Time 7 – 9pm

Language All events will be conducted in English

More details here.

The past three days have been a whirlwind. On Wednesday morning I lectured to Sun Yat-sen University School of Law graduate students about “Climate Policy and U.S.-China Relations.” We covered topics such as both countries carbon footprints and similar dependencies on fossil fuels, the recent international climate negotiations in Copenhagen and Cancun, cooperative efforts between the U.S. and China to improve energy efficiency technologies, and the domestic political limitations of both countries that hurt efforts for an international climate agreement.

After my lecture, we took a taxi to the airport and flew to the Xi’An. The airport is actually in Xianyang, the capital of the Qin Dynasty and home to the Chinese wedding that we attended. Upon arrival we had a wonderful dinner with the bride, groom, and bride’s parents. The food was excellent, including a noodle dish that certainly was the best I’ve ever tasted in my life; handmade noodles, egg, tofu, greens, onions, and a very spice sauce that was the key ingredient. (The Northwest Chinese cuisine was all around fantastic.)

The wedding banquet itself was a delightful experience held in a hotel banquet hall, and, while the event was celebratory, the experience was also heartwarming and emotional. The parents and children were extremely moved by the moment in a beautiful way. What we didn’t realize was that our family (the only foreigners at the event) would play an important role in the event. Our daughters were the flower girls, and my older daughter was also the ringbearer. I was asked to give a short speech as custom dictates that someone from both the bride and groom’s employer attend and say a few works. Since the bride and I are colleagues, I was the official Vermont Law School representative. I was honored.

On Friday, we woke up early to see Xi’An. It was a windy, cold and snowy day. We left the hotel at 7:30am for a drive into the countryside to see the Terracotta Warriors. We were the first to arrive and had noodles at a local noodle shop before seeing the amazing underground life-size Qin Dynasty statues. The scale is really unbelievable. We then went to see the X’An City Wall which was beautiful. Unfortunately it was too cold and windy to walk around too long. We drove by the Wild Goose Pagoda, and finally found a fancy hotel restaurant for lunch; all before returning to Guangzhou in the evening.

(I note this brief summary of events leaves out the true thrill of our China travels in Xianyang/Xi’An: locking ourselves out of our hotel room; our wonderful guide and driver; driving the wrong way on a Chinese highway; crossing four lanes of traffic on foot; trying to find a restaurant for lunch; successfully getting on an early flight to Guangzhou even though boarding had already begun. These stories are better over drinks, though my partner usually blogs them well at vermont2china.)

As for final notes, (1) the air quality in Xianyang and Xi’An was the absolute worst I have ever seen in my life. A dust-filled haze filled the air, so strong and thick that it entered buildings, and (2) Fasten seat belts signs on Chinese airplanes have no meaning to the passengers.

See here.

We’re in Guangzhou with limited email access, but the return six months removed from my Fulbright experience has been good so far. Tonight I’m participating in a roundtable discussion about some American current events in the legal world, and tomorrow I’m delivering a lecture at Sun Yat-sen University titled, “U.S. Climate Policy and U.S.-China Relations.” Between my many lectures and consistently scheduling meeting with professors, NGOs and officials, this is an extremely busy trip. And, while a few minutes ago my last day in Asia was free, I’ve now booked it to meet folks at environmental NGOs and environmental policy officials in Hong Kong.

Since I’m in balmy Hong Kong, I thought I’d share the environmental headlines from this morning’s South China Morning Post:

“Dalai Lama shifting focus to climate change, US cables show”

“Beijing plans more efforts to control nature”

“Cool heritage: The green credentials of historic buildings are too often overlooked”

“A new bus route”

“Henan suffers power shortage that could worsen amid cold weather”

“Taxi fuel surcharge rejected”

“Airport businesses to cut emissions”

“Formula One takes the greener road”

Finally a photo: “Bottle Bank. A worker piles up plastic bottles collected at a recycling center in Hefei, Anhui province. China, the world’s biggest greenhouse gas emitter, has some of the world’s worst water and air pollution.”

But perhaps the best headline is about a different type of environment: “Singapore launches toilet manners plan”