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LEGISLATIVE BACKGROUND AND PROCEDURAL ARRANGEMENT OF STRATEGIC ENVIRONMENTAL ASSESSMENT IN CHINA AND GERMANY: TAKING SPATIAL PLANNING AS EXAMPLE

Having witnessed significant advancement from an academic aspect and practical experiences, strategic environmental assessment (SEA) in China is still undergoing a series of challenges. These challenges result from the legislative background or procedural arrangement. Moreover, with the increasing significance of spatial planning in China, the integration of SEA into the Chinese spatial planning system is becoming a hot topic; whereas, the practice of SEA in the Chinese spatial planning system is currently rather weak.

Against these backgrounds - urgency of the integration of SEA into the spatial planning system, lack of related experiences and a SEA system with challenges in China, and SEA for the spatial planning with abundant experiences and lessons in Germany-, this research takes the form of a comparative study on SEA in China and Germany, using the example of spatial planning. Its primary concern is to identify legislative and institutional differences and similarities between SEA in the two countries and analyse the reasons causing these differences. Based upon these, feasible recommendations are proposed to address these challenges which the Chinese SEA is facing.

A total of four SEA cases from China and Germany were described and analysed, and 22 experts were interviewed in the form of semi-structured interviews.
The specific objectives of the research are to:
• to obtain an overview of the SEA application in Chinese and German spatial planning systems;
• to compare legal requirements, institutional and procedural arrangements for SEA between China and Germany, taking the examples of spatial planning;
• to identify similarities and distinctions lying in both systems, and explore the reasons and motivations causing them; and
• to propose recommendations and suggestions for the optimization of Chinese and German SEA, in particular in the aspects of legal requirements, institutional arrangements and operational procedures.

Comparative outcomes indicate both SEA systems possess some similar general requirements while delivering differences as well. Main similarities are embodied in SEA understandings, the establishment of related national legislation and adoption of some common steps, reflecting the two SEA systems are influenced by international SEA development. However, significant differences exist in many aspects, especially regarding SEA modes, application of some stages owned by the individual country as well as the concrete requirements for the same stages which both nations have.

Outcomes of this research show different SEA characteristics in the two countries. From the aspect of legislative background, German SEA legislation holds a dynamic nature and highlights communication and cooperation. This communication and cooperation can take place between the EU and Germany, the German federal government and the Federal States or even between Federal States. Comparably, Chinese SEA legislation has less interaction with other planning laws and is mainly dependent on the frequent formulation of related technical guidelines and rules. From procedural arrangements, Germany aims to develop an integrated, highly transparent, efficient and wide participation SEA process while China values the independence of the SEA approach, cherishes experts’ opinions and advantages of the intervention of environmental authorities. Based upon the comparative outcomes, several recommendations to improve the application of SEA in Chinese spatial planning are provided.

Identiferoai:union.ndltd.org:DRESDEN/oai:qucosa:de:qucosa:34675
Date24 July 2019
CreatorsLi, Zhilin
ContributorsUniversität Leipzig
Source SetsHochschulschriftenserver (HSSS) der SLUB Dresden
LanguageEnglish
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/acceptedVersion, doc-type:doctoralThesis, info:eu-repo/semantics/doctoralThesis, doc-type:Text
Rightsinfo:eu-repo/semantics/openAccess

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