18 Geo. Int'l Envtl. L. Rev. 305 (2005-2006)
China's Pollution Victims: Still Seeking a Dependable Remedy

handle is hein.journals/gintenlr18 and id is 313 raw text is: NOTES
China's Pollution Victims: Still Seeking a
Dependable Remedy
ADAM BRIGGs*
TABLE OF CONTENTS
I. The Costs of Pollution in China ...............................        306
II. Policy and Enforcement at the National Level .....................    309
A. The Growing Body of National Environmental Law ...........         309
B. The Implementation Gap and the Limits of Central Government
Power ............................................. 311
III. Policy and Enforcement at the Local Level .......................     314
IV. The Influence of the International Community .....................     317
A. Government-to-Government Exchanges ...................             318
B. The Influence of Globalization and Trade ..................        319
C. International Nongovernmental Organizations ...............        321
V. Citizen-initiated Corrective Actions ............................      322
A. Nongovernmental Organizations and the Media ..............         322
B. Private Suits by Pollution Victims .........................       323
C. Procedural Hurdles Within China's Legal System ..............     325
1. Difficulty Retaining Counsel ..........................       326
2. Procedural Obstacles to Getting One's Claim Recognized by
the Court ....................................... 327
3. Procedural Obstacles to Discovery ......................      328
4. Absence of Fair and Impartial Judges to Hear the Cases that
Make it to Court .................................. 328
5. Lack of Decisions Reflecting Sound and Consistent
Reasoning ....................................... 329
D. External Pressures Confronting Plaintiffs ....................     330
VI. Conclusion ............................................                333
* J.D. Candidate, Georgetown University Law Center, 2006; B.A., University of Wisconsin-Madison, 2001.
 2006, Adam Briggs. I am indebted to many, but especially to my wife, Maura, for her transcendent warmth
and patience over three years of law school. I thank my dad, Jim Briggs, for his guidance on the drafts of this and
many other papers over the years, and my mom, Karen Briggs, for many early mornings of proofing and typing
help back in high school. Finally, I thank Dr. Edward Friedman, University of Wisconsin-Madison, for his
comments on this note and for cultivating my interest in China.

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