Marine Environmental Administrative Public-Interest Litigation in China: Institutional Development and Practical Challenges

Abstract As top-level planning in China increasingly emphasises environmental protection, the institutional framework for enforcing marine environmental protection rules requires enhancement. Administrative public-interest litigation ( APIL ), which involves procuratorates taking action against administrative agencies, emerges as an innovative strategy to achieve this objective. Marine environmental APIL aims to foster an integrated, prevention-focused approach to environmental governance by extending oversight beyond spatial and administrative boundaries to address pollution from diverse sources. However, its effectiveness is constrained by the limitations on tackling upstream environmental issues, the lack of authority to initiate cross-boundary litigation, and the exclusion of local governments from marine environmental APIL processes. The note concludes with reflections on the broader implications of the APIL system for environmental governance from a global and long-term perspective.