Biodiversity ruling to block dam project first of its kind in China

Two green peacocks walk in their natural habitat in Yunnan province in Southwest China. [Photo by Xi Zhinong, Zhuang Xiaosong / for chinadaily.com.cn]

An official from the United Nations Environment Programme voiced approval for preventive measures taken by Chinese judges in a case involving a green peacock, adding that this shows the important role of China's judicial system in environmental protection.

Patricia Kameri-Mbote, director of the UNEP's Law Division, highlighted the necessity of applying the foundational legal principles of precaution and prevention in environmental adjudication, saying that "this is just what was recognized by judges in the landmark green peacock case in China".

She made the comment via video link after the Supreme People's Court, China's top court, unveiled the 10 most influential cases promoting the rule of law in 2021, in which the peacock case is included.

Focusing on the potential danger the building of a hydropower station in Yunnan province could pose to the habitat of the green peacock, an endangered species, a social organization for environmental protection initiated a lawsuit against its builders and environmental assessment department at the Kunming Intermediate People's Court in Yunnan.

Following review, the court said that construction should be stopped. The Provincial High People's Court later upheld the ruling after appeals from both sides.

It was the country's first public-interest litigation involving biodiversity, and a demonstration of the concept of conservation and prevention first in environmental protection.

Kameri-Mbote said that UNEP is committed to continuing to support judicial institutions as they undertake their vital role in addressing planetary crises through environmental adjudication.

"UNEP commends the Chinese judiciary in their initiatives to strengthen the understanding judges have of environmental laws and in establishing specialized environment tribunals, collegiate benches, and circuit courts," she added.