[Joint House and Senate Hearing, 110 Congress]
[From the U.S. Government Publishing Office]
IMPACT OF EMERGENCIES IN 2007: THREE CASES
=======================================================================
REPRINTED
from the
2007 ANNUAL REPORT
of the
CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
__________
OCTOBER 10, 2007
__________
Printed for the use of the Congressional-Executive Commission on China
Available via the World Wide Web: http://www.cecc.gov
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CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA
LEGISLATIVE BRANCH COMMISSIONERS
House Senate
SANDER LEVIN, Michigan, Chairman BYRON DORGAN, North Dakota, Co-Chairman
MARCY KAPTUR, Ohio MAX BAUCUS, Montana
MICHAEL M. HONDA, California CARL LEVIN, Michigan
TOM UDALL, New Mexico DIANNE FEINSTEIN, California
TIMOTHY J. WALZ, Minnesota SHERROD BROWN, Ohio
DONALD A. MANZULLO, Illinois SAM BROWNBACK, Kansas
JOSEPH R. PITTS, Pennsylvania CHUCK HAGEL, Nebraska
EDWARD R. ROYCE, California GORDON H. SMITH, Oregon
CHRISTOPHER H. SMITH, New Jersey MEL MARTINEZ, Florida
EXECUTIVE BRANCH COMMISSIONERS
PAULA DOBRIANSKY, Department of State
CHRISTOPHER R. HILL, Department of State
HOWARD M. RADZELY, Department of Labor
Douglas Grob, Staff Director
Murray Scot Tanner, Deputy Staff Director
(ii)
Impact of Emergencies: Food Safety, Product Quality, and Climate Change
The context of China's domestic rule of law development
changed from 2006 to 2007, with a sharp rise in domestic and
international concerns over food safety, product quality, and
climate change. These concerns, and China's response to them,
will both shape and be shaped by China's rule of law reforms.
Because their impact on the course of rule of law in China is
expected to be large, these developments are covered here in
added detail.
food safety
Domestic and international concerns over the safety of
Chinese food products have increased significantly in the last
five years due to unsafe food production and insufficient
government oversight. The Ministry of Health (MOH) reported
that 31,860 people suffered from food poisoning in 2006.\1\ A
recent survey found that more than 80 percent of Chinese
consumers are now willing to pay a premium for food safety, up
from 57 percent in 2005.\2\ In a particularly notorious case
from April 2004, 13 babies died and hundreds more suffered from
serious malnutrition after consuming counterfeit and
substandard milk powder in Anhui province.\3\ In early 2007,
pet food produced in China and containing wheat gluten
contaminated with melamine reportedly caused the deaths of at
least 16 cats and dogs in the United States, and sickened some
12,000 pets.\4\ In June 2007, the U.S. Food and Drug
Administration (U.S. FDA) restricted the import of five types
of farm-raised fish and shrimp from China because they were
found to contain unsafe antibiotics.\5\
Unsafe Food Production: Regulatory Challenges
With the transition to a market economy, many of China's
food producers are small landholders or family workshops who
rely on excessive amounts of fertilizers, pesticides, or
veterinary drugs to maintain high production rates.\6\ Water
and soil used for this production may already be contaminated
with metals from the poor disposal of industrial and electronic
waste.\7\ For example, up to 10 percent of farmland in China is
thought to be polluted, and 12 million tons of grain is
contaminated annually with heavy metals in the soil.\8\
Inferior raw materials, the use of production chemicals
unsuitable for food, and the lack of a safe infrastructure for
food delivery and storage also contribute to substandard food
products.\9\
Insufficient Oversight: Regulatory Fragmentation
Fragmentation of regulatory authority among 10 major
government agencies makes it more difficult for the government
to regulate the smaller family workshops that comprise the
majority of China's food producers and processing centers.\10\
[See Tables 1 and 2 for a list of government agencies involved
in the oversight of food safety at the national and local
level.] According to the State Council White Paper on Food
Quality and Safety released in August 2007, China has 448,000
food production and processing enterprises, of which 353,000,
or 78.8 percent, are small businesses or workshops with fewer
than 10 employees.\11\ Public officials established the State
Food and Drug Administration (SFDA) in 2003 to consolidate
oversight of food safety management, but resistance from other
agencies who fear losing their revenue-generating ability has
limited the transfer of power and responsibility to the SFDA.
As a result, the SFDA and its local food and drug bureaus
remain hampered in their ability to effectively regulate food
safety and coordinate policy below the provincial level. The
local bureaus remain beholden to local governments for their
budgetary and personnel allocations, and approvals in
promotions for their staff.\12\ The central government has not
instituted an effective regulatory system in rural areas that
is in keeping with similar improvements in urban areas,
including an increase in urban residents' awareness of their
rights. Only some of the agencies have extended their presence
down to the township and village level, and this regulatory
void has led many counterfeiters to distribute their products
in these areas, much to the worry of villagers.\13\
Government Response to Domestic and International Food Safety Concerns
China's international response is to reiterate its status
as a developing country that had a late start in developing
foundations for food and drug supervision, and to assert that
it is the foreign media that exaggerate the extent of safety-
related issues. Official Chinese figures report that 99 percent
of its exports meet quality standards.\14\ In late July and
early August 2007, high-level officials from both the European
Union and the United States met with Chinese public officials
to discuss the quality and safety of China's exports and ways
to improve inspections.\15\ Both U.S. and Chinese media have
reported back-and-forth blocking or banning of products from
the other country.\16\ While each country annually blocks food
exports from the other country,\17\ some of the current exports
are probably being blocked in response to heightened attention
on China's export safety issues.
Domestic Response
Domestically, central government reform of the food safety
system has been in progress throughout the last five years,
though largely in response to domestic food-related incidents.
China's domestic response is aimed at increasing inspections
and oversight of food producers; strengthening law enforcement,
including increasing the punishment for violators; establishing
a national recall system, national standards, and an emergency
response mechanism; and strengthening international
cooperation. To date, China has issued 14 national laws, 16
administrative regulations, 76 departmental regulations, and a
five-year plan on food safety.\18\ Within the past year, local
governments have passed 129 regulations and other policy
directives relating to food safety.
Since SFDA's creation in 2003, the central government has
passed regulations on food quality monitoring and hygiene
licensing, and strengthened the regulatory framework in local
and rural areas. There are also periodic national campaigns
against counterfeit and substandard products. For example,
between 2006 and June 2007, inspectors from the General
Administration for Quality Supervision, Inspection and
Quarantine (AQSIQ) closed 180 food plants and discovered more
than 23,000 food safety violations.\19\ SFDA has also promoted
the establishment of local food safety commissions to improve
interagency coordination and cooperation.\20\ As of August 28,
2007, food safety commissions have been established in all
provinces, and in most major cities. In addition to a national
informational Web site on food safety established by the SFDA,
many of these provincial and municipal commissions have also
established active informational Web sites.\21\ In terms of
rural areas, Zhejiang province, for example, established a
rural consumer rights protection network to help residents seek
redress from producers or sellers of counterfeit or substandard
products.\22\ A municipal bureau in Zhejiang noted several
shortcomings with this network, however, including its lack of
financial resources and influence, and the lack of incentives
to conduct inspections.\23\ By mid-2005, SFDA and the State
Administration for Industry and Commerce (SAIC) had taken
measures to boost information gathering in rural areas by
recruiting volunteer food safety supervisors or coordinators to
monitor food safety and the food production situation.\24\
The central government initiated the market access system
in 2001, whereby food producers will be issued production
licenses only when they have met the official standards for
production conditions and facilities and the quality of
foodstuffs.\25\ This system, however, has undermined the
government's objective to increase employment by forcing many
of the smaller food producers to close.\26\ Because
implementation of this system has forced noncompliant smaller
food producers to close, and because those producers contribute
to local economic performance on which local officials are
evaluated, the system must overcome political constraints that
are not insignificant. The AQSIQ announced that it hopes to cut
the number of these workshops in half by the end of 2009.\27\
After a series of domestic incidents in 2004, most notably
the Anhui ``fake baby milk powder'' scandal, the State Council
issued the Decision on Further Strengthening Food Safety
Supervision in September 2004 to clarify the functions and
responsibilities of the agencies with food safety oversight.
Under this decision, the State Council divided food safety
supervision into four ``monitoring links,'' with each link
managed by either the Ministry of Agriculture (MOA), AQSIQ,
SAIC, or MOH. For example, MOA supervises the production of
primary agricultural products; AQSIQ supervises the quality and
safety of food processing, as well as imported and exported
agricultural products and other foodstuffs; SAIC supervises
food circulation and distribution; while MOH supervises the
catering and restaurant industry. The SFDA is charged with the
comprehensive supervision and coordination of food safety, and
manages the investigation of major incidents and the punishment
of those responsible for them.\28\
Even though the State Council has adopted measures to
clarify the regulatory responsibilities of different agencies,
recent food safety incidents reveal that there are still
various regulatory loopholes that food producers and exporters
can use to evade quality inspections. In terms of the pet food
incident in 2007, AQSIQ noted that one of the companies who
used melamine in its product bypassed quality checks by
labeling its product as exports not subject to inspection.\29\
The current international spotlight has accelerated the
issuance and implementation of regulations and other policy
directives. For example, between June and July 2007, both
President Hu Jintao and Premier Wen Jiabao pledged to improve
food safety and product quality, which reflects high-level
government attention to the issue.\30\ On July 25, 2007, the
State Council published draft regulations to strengthen the
food safety oversight responsibilities of local governments, to
increase the punishment for illegal activity, and to strengthen
international cooperation efforts.\31\ The meeting, chaired by
Premier Wen Jiabao, also promised better safety checks and
greater openness with quality problems.\32\ In addtion, the
central government has established an emergency response
mechanism among several ministries and a national food product
tracking system.\33\ At the local level, the Beijing Municipal
People's Congress is considering the passage of regulations
regarding food safety that offer producers and vendors
incentives to voluntarily recall unsafe food, which is of
special concern for Beijing during the 2008 Summer
Olympics.\34\ For example, Article 28 states that producers and
vendors could receive lenient treatment or be exempted from
penalties if they took the initiative to promptly recall unsafe
food. The draft regulations also contain 18 articles regarding
penalties for violations, including a maximum fine of 500,000
yuan (US$66,556). Some policymakers, however, believe that
these penalties are too lenient to act as an effective
deterrent.\35\
In terms of policy objectives, the State Council publicly
released its national Five-Year Plan on Food and Drug Safety
(2006-2010) on June 5, 2007,\36\ with the aim to implement
strict controls to prevent farmers and producers from overusing
pesticides and additives, to publish online lists of
blacklisted food exporters and
restrict their ability to export, to strengthen investigations
of major food safety incidents, to upgrade standards, and to
severely punish offenders.\37\ The AQSIQ announced plans to
implement the first national recall system by the end of 2007,
which would contribute to building a food safety credibility
system, if implemented effectively, and would fill a regulatory
void in the national law.\38\ The Standardization
Administration of China and the AQSIQ also aim to standardize
processes in the food industry by changing, abolishing, and
amending standards so that the average duration of food
standards will be reduced from 12 years to 4\1/2\ years by
2010.\39\
Table 1.--Major National Government Departments With Food Safety
Oversight Responsibilities
(Note: Under some circumstances, other national-level departments not
listed here may perform food safety oversight functions.)
------------------------------------------------------------------------
Main Responsibility With
Government Agency Regard to Food Safety
------------------------------------------------------------------------
State Food and Drug Administration Established in 2003, the
(SFDA)\40\ SFDA is charged with
comprehensive supervision
over the safety management
of food and health foods.
Within the SFDA, there is a
Department of Food Safety
Coordination and a
Department of Food Safety
Supervision.
------------------------------------------------------------------------
General Administration of Quality AQSIQ is charged with the
Supervision, Inspection and Quarantine supervision, management,
(AQSIQ)\41\ inspection, and quarantine
of import and export
products, including food,
and their producers. AQSIQ
has a few departments that
directly focus on food
safety, including the
Bureau of Import and Export
Food Safety and the
Department of Supervision
on Food Production.
------------------------------------------------------------------------
Ministry of Health (MOH)\42\ MOH is charged with the
supervision of food health,
the formulation of food and
cosmetics quality control
protocols, and
responsibility for its
accreditation, as well as
the supervision of the
catering and restaurant
industry.
------------------------------------------------------------------------
Ministry of Agriculture (MOA)\43\ MOA is charged with the
supervision of the
production of primary
agricultural products.
------------------------------------------------------------------------
Ministry of Commerce (MOFCOM)\44\ MOFCOM is charged with
researching and managing
measures for the regulation
of import and export
commodities and compiling a
catalogue of these
regulations, organizing the
implementation of an import
and export quota plan,
deciding on quota quantity,
issuing licenses, and
drafting and implementing
import and export commodity
quota tendering policies.
In addition, it is charged
with a broader mandate to
formulate development
strategies, guidelines, and
policies that relate to
domestic and international
trade, and economic
cooperation.
------------------------------------------------------------------------
State Administration for Industry and SAIC is charged with the
Commerce (SAIC)\45\ supervision of food
circulation and
distribution.
------------------------------------------------------------------------
Table 2.--Major Local-Level Government Departments With Food Safety
Oversight Responsibilities
(Based on analysis of Hangzhou City, Zhejiang province)\46\
------------------------------------------------------------------------
Main Responsibility With
Government Agency Regard to Food Safety
------------------------------------------------------------------------
Municipal Food and Drug Supervision Bureau Responsible for the
comprehensive supervision
and management of food
safety, and the
investigation and
prosecution of major
incidents.
------------------------------------------------------------------------
Municipal Party Committee Propaganda Responsible for propaganda
Department work related to food
safety.
------------------------------------------------------------------------
Municipal Party Committee Rural Affairs Responsible for coordinating
Office work with the Municipal
Rural Affairs Office's
related system to monitor
food safety.
------------------------------------------------------------------------
Municipal Development and Reform Responsible for carrying out
Commission the implementation of
policies relating to the
development of the food
industry.
------------------------------------------------------------------------
Municipal Economic Commission Responsible for directing
and managing the food
production industry.
------------------------------------------------------------------------
Municipal Education Bureau Responsible for school food
safety management and food
safety and health education
work.
------------------------------------------------------------------------
Municipal Science and Technology Bureau Responsible for the
formulation and
implementation of food
safety science and
technology plans.
------------------------------------------------------------------------
Municipal Public Security Bureau Responsible for
investigating and
prosecuting suspected
criminals in cases
involving the production or
sale of counterfeit,
poisonous, or harmful food
products.
------------------------------------------------------------------------
Municipal Supervision Bureau Responsible for
participating in the
investigation, handling,
inspection, supervision,
and disciplining of those
responsible for major food
safety incidents.
------------------------------------------------------------------------
Municipal Finance Bureau Responsible for safeguarding
expenses related to food
safety monitoring work and
the supervision of the use
of funds.
------------------------------------------------------------------------
Municipal Agricultural Bureau (Aquatic Responsible for the
Product Division) monitoring of the
production of primary
agricultural products.\47\
------------------------------------------------------------------------
Municipal Forestry and Water Bureau Responsible for providing
guidance, coordination,
supervision, and management
on the use of terrestrial
animals and wildlife, and
forest products development
plans.
------------------------------------------------------------------------
Municipal Trade Bureau Responsible for the
management of the livestock
slaughtering industry and
the supervision and
management of slaughtering
activities.
------------------------------------------------------------------------
Municipal Grain Bureau Responsible for management
work to ensure the quality
of grain that has been
purchased, in storage, and
in transit, and the safety
of unprocessed food grains.
------------------------------------------------------------------------
Municipal Culture, Radio, Television, and Responsible for monitoring
News Publishing Bureau\48\ and discipline work related
to the city's printing
industry of packaging
materials for food
products.
------------------------------------------------------------------------
Municipal Health Bureau Responsible for the
supervision of food
consumption in the catering
and restaurant
industry.\49\
------------------------------------------------------------------------
Municipal Environmental Protection Bureau Responsible for the
monitoring, supervision,
and investigation of
environmental pollution
that affects food.
------------------------------------------------------------------------
Municipal Industry and Commerce Bureau Responsible for the
supervision of the
circulation and
distribution of food.\50\
------------------------------------------------------------------------
Municipal Quality Supervision Bureau Responsible for the
supervision of food product
quality and safety during
processing.\51\
------------------------------------------------------------------------
Municipal City Management Law Enforcement Responsible for the
Bureau investigation and
prosecution of unlicensed
outdoor sellers and
unlicensed outdoor
breakfast stalls.
------------------------------------------------------------------------
Municipal Legal Affairs Office Responsible for the
supervision and inspection
of food safety work units
in charge of law
enforcement, and to ensure
that they are administering
their duties according to
law.
------------------------------------------------------------------------
Municipal Supply and Marketing Cooperative Responsible for the supply
and marketing system of
agricultural products in
wholesale markets, the
production, processing, and
circulation of agricultural
products, and the
management of the
agricultural industry's
means of production.
------------------------------------------------------------------------
Table 3.--Select Major Events and Government Food Safety Initiatives
From 2003 to 2007
------------------------------------------------------------------------
Date Initiative
------------------------------------------------------------------------
September 2004 The State Council issued the
Decision on Further
Strengthening Food Safety
Supervision.
------------------------------------------------------------------------
September 23, 2004 SFDA issued its opinions
regarding the
implementation of the
Decision of the State
Council to Further
Strengthen Food Safety.
------------------------------------------------------------------------
December 2004 The Standardization
Administration of China,
the National Development
and Reform Commission, MOA,
MOFCOM, MOH, AQSIQ, SFDA,
China National Light
Industry Associations, and
China General Chamber of
Commerce jointly issued the
National Food Standards
Development Plan 2004-2005.
------------------------------------------------------------------------
March 2007 Pet food incident: Pet food
companies initiated a
national recall in the
United States after tainted
wheat gluten was found in
cat and dog food. The
tainted wheat gluten was
eventually linked to the
deaths of at least 16 cats
and dogs and the illnesses
of some 12,000 pets.
------------------------------------------------------------------------
May 7, 2007 Investigations revealed that
two Chinese corporations,
Xuzhou Anying Biologic
Technology Development Co.
and Binzhou Futian Biology
Technology Co., are linked
to the tainted wheat
gluten.
------------------------------------------------------------------------
May 10, 2007 The State Council vowed to
crackdown on the food
industry.
------------------------------------------------------------------------
May 24, 2007 Toothpaste incident: The
U.S. FDA announced that it
would block imports of
toothpaste from China due
to reports elsewhere that
diethylene glycol was found
in toothpaste exported from
China.
------------------------------------------------------------------------
May 30, 2007 AQSIQ announced plans to
establish a national food
recall system.
------------------------------------------------------------------------
June 5, 2007 The State Council publicly
released its national 11th
Five-Year Plan on Food and
Drug Safety (2006-2010).
------------------------------------------------------------------------
July 25, 2007 The State Council released
the Special Regulations of
the State Council on
Intensifying Safety Control
of Food and Other Products
(No. 503 Decree of the
State Council).
------------------------------------------------------------------------
August 17, 2007 The Information Office of
the State Council released
a White Paper entitled
``China's Food Quality and
Safety.''
------------------------------------------------------------------------
End of 2007 AQSIQ plans to implement the
first national food recall
system.
------------------------------------------------------------------------
Table 4.--Number of Food Safety Laws and Regulations Issued By Month and
Level of Government in China in 2007
------------------------------------------------------------------------
National and
Month (in 2007) Local Total National Local
------------------------------------------------------------------------
January 17 3 14
------------------------------------------------------------------------
February 12 2 10
------------------------------------------------------------------------
March (Note: pet food 13 2 11
incident first begins)
------------------------------------------------------------------------
April 21 1 20
------------------------------------------------------------------------
May (Note: toothpaste 10 4 6
incident, and widespread
reporting of poisonous
cough medicine, first
begins)
------------------------------------------------------------------------
June 18 1 17
------------------------------------------------------------------------
July 8 0 8
------------------------------------------------------------------------
August 3 1 2
========================================================================
Total (as of August 28, 102 14 88
2007)
------------------------------------------------------------------------
non-food product quality
Drug and product safety have been a longstanding domestic
issue of concern in China. Recent incidents involving poisonous
diethylene glycol in toothpaste and cough medicine, including
the reported deaths of at least 100 people in Panama, have
captured international attention.\52\ A survey by the General
Administration of Quality Supervision, Inspection and
Quarantine released in 2007 discovered that 23 percent of
locally made toys failed to meet quality standards,\53\ and at
least 18 Chinese people died in 2006 when they ingested
medicine containing diethylene glycol.\54\ Since the 1980s, the
Chinese central government has passed numerous national laws,
regulations, and other legislative measures concerning drug and
product safety.
Despite the number of laws and regulations in the area of
drug and product safety,\55\ domestic and international
consumers continue to face the possibility of being harmed by
products made in China without a standardized and transparent
way to seek redress. For example, the Chinese government has
repeatedly ignored or delayed responses to requests by foreign
government officials to release the identity of companies that
manufactured substandard drugs and to investigate these
companies.\56\ Without this information and greater
transparency, it is difficult for domestic and international
consumers to bring cases against these companies and to avoid
future incidents. Rural consumers and consumers in developing
countries, who may not have adequate access to resources or
knowledge of their rights, are particularly hard hit. Scholars
have noted an influx of counterfeit goods into rural parts of
China in recent years and a corresponding lack of bureaus at
the local level who can address this influx.\57\
Chinese public officials have taken some steps in the past
year to address concerns over drug and product safety, possibly
in response to recent incidents and international pressure,
although these steps are reactive measures that are
insufficient to address the root causes of safety concerns. For
example, the Supreme People's Court approved the execution of
Zheng Xiaoyu, former Commissioner of the State Food and Drug
Administration (SFDA), in July 2007 after he was charged with
accepting bribes from pharmaceutical companies in exchange for
approving drug production licenses.\58\ Commentators have noted
that Zheng's swift trial and execution were meant to serve as a
warning to other officials,\59\ but it remains to be seen if
Zheng's execution will serve as an adequate deterrent and have
a lasting impact, especially given the lack of mechanisms in
place to consistently and effectively address official
corruption and counterfeit products.
Amid recent incidents, the central government highlighted
the forthcoming release of a revised drug registration
regulation and its funding pledge of 8.8 billion yuan (US$1.1
billion), which was first approved in 2005 as part of the
government's 11th Five-Year Plan (2006-2010). The regulations
charge the SFDA with the responsibility to fine companies that
submit counterfeit drug samples or inaccurate information, to
establish a panel system to review drug approvals, to raise
approval standards, and to disclose on the Internet the name of
the official reviewing a drug application and its stage in the
submission process.\60\ The SFDA and corresponding bureaus will
use the 8.8 billion yuan to improve infrastructure, such as the
renovation or building of inspection and testing facilities.
The central government will contribute 71 percent of the funds,
with the remainder coming from local governments.\61\
Despite these initiatives, serious challenges remain,
including local government implementation of legislative
measures, official corruption, and inadequate attempts to
address the counterfeiting of products. Overall, enforcement
remains hindered by China's existing regulatory structure, such
as local food and drug safety bureaus that are beholden to
local governments for their budgetary and personnel
allocations, and national agencies providing these bureaus with
non-binding and often unfunded policy directives for
implementation.\62\ Local government officials, whose
promotions are largely based on their ability to promote
economic growth, have more incentive to allow the
counterfeiting of products than to effectively regulate drug
and product safety.\63\ In addition, regulatory loopholes
hamper the government's oversight ability, with dangerous
consequences for consumers. For example, in the case involving
at least 100 reported deaths in Panama due to the use of
diethylene glycol in cough medicine, the Ministry of Foreign
Affairs noted that neither the chemical company that made the
cough medicine, nor the state-owned company that exported it,
fell under the regulatory supervision of the SFDA.\64\ These
companies were not classified as pharmaceutical production or
sales businesses. In the case of the chemical company, it
classified itself as making chemical industry raw material and
was not licensed to make pharmaceutical products nor subject to
inspections under the SFDA.\65\
Limited civil society activity, as well as continued
official harassment of whistleblowers, place additional
limitations on the government's ability to effectively regulate
the drug and product industries and ensure consumer safety.
Currently, there is a lack of effective consumer protection
laws and very few consumer associations or other civil society
groups to help monitor the quality and safety of consumer
products.\66\ Instead, public officials continue to punish
those who try to notify others, via the Internet or through
other forms of communication, of collusion between food and
drug agencies and industry, or of unsafe or unconscionable
industry practices.\67\
In 2006, law enforcement officials in Haikou city, Hainan
province, detained Zhang Zhijian for nine months for reposting
an anonymously written essay on the Internet that detailed
collusion between high-level officials in the SFDA and a
pharmaceutical company.\68\ Public security officials detained
him on ``suspicion of damaging company reputation'' after the
company filed a complaint. He was finally released after
investigations revealed that the accusations of collusion and
corruption were true.\69\ As a result of his detention, Zhang
lost his job and reported difficulty finding other
employment.\70\ On March 26, 2007, Zhang filed a lawsuit with a
Haikou city court seeking state compensation for wrongful
detention and damage to reputation.\71\ The court awarded Zhang
24,000 yuan (US$3,190) on July 20, 2007.\72\
In another case, Zhou Huanxi posted a story online in March
2007 that described how the company she worked for made
substandard tonic for pregnant women.\73\ When she initially
tried to inform public officials in 2002, her employer fired
her from her job and she was imprisoned for three years and six
months on charges of extortion.\74\ Zhou was released in
November 2005.\75\ Although there are provisions in the State
Compensation Law that allow for individuals to sue the
government for wrongful punishment, these provisions are not
traditionally thought of as a whistleblower protection law
since they only apply after the fact, nor are there other
whistleblower protection laws currently in place.\76\
climate change
Some Chinese government officials reportedly have made
statements that recognize that human activity worldwide is
contributing to greenhouse gas (GHG) emissions. For example,
China's first National Report on Climate Change, released in
December 2006 by the Ministry of Science and Technology,
concludes that ``greenhouse gas (GHG) emissions from human
activity contribute to increasingly serious global climate
change problem.'' \77\ China's domestic stance regarding
climate change, however, is quite different from its stance in
international forums. Internationally, China assumes the
posture of a developing country, which drives much of its
behavior with respect to the issue of climate change in the
international context. Since 2002, China has announced domestic
goals and initiated reforms that are aimed at energy security
and China's economic development strategies, but these policies
can also help to combat climate change if implemented properly
at the local level. There is, however, no current policy that
directly addresses China's heavy reliance on coal, and current
measures are not enough to stop emissions from increasing
significantly. It is unlikely that China will accept a
mandatory reduction in its GHG emissions.\78\
The Chinese government changed its stance on climate change
in 2002 as China's energy consumption growth surpassed its
economic growth for the first time in modern history.\79\ China
could no longer claim that it was not contributing to the
severity of global GHG emissions as it pursued rapid
industrialization. President Hu Jintao's administration came
into power at the same time and pledged to move away from the
``economic growth at all costs'' stance of his predecessor to a
policy approach that, in Hu's words, called for ``scientific
development'' and a ``harmonious society'' with a focus on
conservation and sustainable development (``circular
economy'').\80\ These two pledges reflect concerted efforts to
combat climate change, and public officials have taken some
steps to mitigate and adapt to climate change by adopting laws
and other policy initiatives and by establishing a National
Coordination Committee. Public officials could achieve more,
but they are hampered by ineffective administrative and market
incentives that fail to encourage local compliance, and by
limitations on civil society activity.
Since 2002, China's annual GHG emissions have also
increased rapidly due to strong economic growth and an
increasing demand for energy.\81\ The International Energy
Agency has projected that China will surpass the United States
in annual GHG emissions by 2010, and possibly as early as
2007.\82\ In June 2007, the Netherlands Environmental
Assessment Agency noted that China's emissions for 2006
surpassed the emissions from the United States in that
year.\83\ Although China's per capita GHG emissions and
cumulative GHG emissions are still comparatively low,\84\ its
increasing share of global GHG emissions may be a trend that
cannot be significantly reduced or reversed without
governmental intervention.
China's International Response to Climate Change
China ratified the UN Framework Convention on Climate
Change in 1993 and the Kyoto Protocol (Protocol) in 2002.\85\
As a non-Annex 1 (developing) country, China has no binding
emissions limits under the Protocol's first commitment period
from 2008 to 2012. China is, however, an active participant in
the Clean Development Mechanism established under the Protocol,
which allows developed countries to use emissions credits for
reductions in developing countries toward their own Protocol
targets.\86\ Despite China's increasing share of global GHG
emissions, its current position as a developing country
translates into ``common but differentiated'' responsibilities
that are based more on its level of historical responsibility
for the problem, its level of economic development, and its
capability to act on the problem, than on its current annual
GHG emissions rate.\87\ The Chinese government continues to
welcome international cooperation, and bilateral and
multilateral exchanges with the United States and other
countries in the form of the Asia-Pacific Partnership on Clean
Development and Climate and the China-EU Partnership, that help
to promote clean energy production projects and technology
transfer.\88\
China's Domestic Response to Climate Change
Motivated by energy security concerns and its economic
growth targets, the Chinese government has announced domestic
goals and initiated numerous reforms which, if effectively
implemented, could help to combat climate change by conserving
energy, reducing pollutant emissions, and increasing the use of
renewable energy. The government has also enacted laws that
relate to energy conservation, including the Energy
Conservation Law (1997) and the National Renewable Energy Law
(2005). There is, however, no policy that directly addresses
China's heavy reliance on coal, and current measures are not
enough to stop such emissions from increasing
significantly.\89\
In its 11th Five-Year Plan (2006-2010), the central
government has pledged to ``conserve energy and reduce
pollution,'' but has failed to meet goals set forth in the
plan.\90\ In 2006, China's energy consumption per unit of GDP
decreased by 1.2 percent despite a stated goal of 4
percent.\91\ Similarly, air and water pollutant levels in 2006
increased by 1.8 and 1.2 percent, respectively, despite the
government's stated goal of reducing pollutants by 2
percent.\92\ The failure to meet such goals may indicate that
administrative and market-oriented incentives in place at the
local level are inadequate to persuade local officials to adopt
more sustainable forms of economic growth.\93\
Over the past year, the government published reports that
suggest a high level of government attention to the issue of
climate change, but it remains to be seen how vigorous local
implementation will be. The central government released its
first National Assessment Report on Climate Change in December
2006,\94\ and a General Work Plan for Energy Conservation and
Pollutant Discharge Reduction on June 4, 2007, that outlines
how China intends to address climate change over the next five
years.\95\ The plan's release was delayed due to reported
differences in official views at the national and local levels,
but it was eventually published ahead of the opening of the G8
summit on June 6, 2007. Specifically, the plan establishes the
formation of regional administration systems to better
coordinate interagency work on climate change, energy
efficiency, and renewable energy.\96\ The plan also establishes
a ``National Leading Group on Climate Change,'' headed by
Premier Wen Jiabao. In addition, there have been increases in
the level of staffing for key agencies such as the statistics
bureaus, which can strengthen data collection so as to better
inform policy decisions.\97\
Effects of Climate Change and Expanding the Debate on Climate Change
The effects of China's heavy reliance on coal, the
resultant pollution and GHG emissions, and policies to address
these issues, have serious implications for domestic and
international citizens' public health, and the global
environment and economy. For example, air pollutants from China
have been detected on the west coast of the United States, and
sand storms that originate in China have reached its Asian
neighbors.\98\ Energy conservation and pollution reduction, and
policies that address these issues, are thus also quality of
life and public safety issues, exacerbated by official inaction
or complicity that results in perceived harm. In addition,
access to energy in rural areas, the contribution that energy
security can provide in the development of the rule of law and
government transparency, and the still preliminary level of
engagement of domestic civil society organizations in work on
climate change are
examples of additional issues that are not part of the
traditional debate on climate change.
Policy approaches that attempt to control large amounts of
emissions from a group of sources face greater challenges and
are not as well-developed in China as they are elsewhere. In
one such approach the government mandates an overall cap, or
the maximum amount of emissions per compliance period, and lets
sources, such as companies, decide how to use their individual
emissions allowances. Under this system, known as cap and
trade, a company might decide to use pollution control
technology or more efficient energy sources in order to not
exceed its cap, or purchase additional allowances from other
companies if the company believes it will exceed its cap.
Companies able to lower their emissions below their allotted
allowance can have the difference credited for later use or
sell these credits to another company for a profit.\99\ This
approach has been used in the United States with regard to
sulfur dioxide emissions.\100\ In part because some plants
increase levels of pollutants and receive credits for reducing
them later, cap and trade systems are not foolproof. There is
also concern that emissions allowances for certain practices,
such as agricultural offsets, may be overvalued, without a way
to properly measure and verify if this is indeed the case.\101\
Given China's current information collection system, level
of transparency, and accountability, it is not clear whether a
system that depends on these factors can be implemented in a
manner that effectively reduces carbon dioxide and other
greenhouse gases. Challenges that confront effective
implementation in China include the government's inability to
accurately and consistently collect data on emissions, which is
essential to establishing and maintaining an effective
program.\102\ In addition, the government must have
accountability mechanisms in place that allow for the accurate
reporting of emissions, and the rigorous and consistent
enforcement of penalties for fraud and noncompliance.
Transparency in areas such as public access to source-level
emissions and allowance data are also important.\103\ The
accuracy and consistency of information, accountability, and
transparency are all issues associated with persistent
institutional challenges in China. [See Section II--Freedom of
Expression and Section II--Rights of Criminal Suspects and
Defendants.] Other options exist that may help to reduce
greenhouse gas emissions. Some that are being attempted or
discussed in other countries as well as in China include:
implementing a tax on carbon emissions, regulatory measures
that require industries to use the cleanest available
technologies, policies that promote research and development
into clean technologies, and policy changes that favor non-
carbon emitting technologies such as nuclear or wind power
generation.
Endnotes
\1\ Ministry of Health (Online), Causes of Food Poisoning in 2006,
Chinese Health Statistical Digest, 1 June 07. In 2003, the Ministry of
Health reported that there were 1,481 cases, which affected 29,600
people, with 262 deaths. Ministry of Health (Online), Causes of Food
Poisoning and Causes in 2003, Chinese Health Statistical Digest, 21 May
04.
\2\ ``Fixing China's Food Safety Issues Will Require a $100 Billion
Investment, According to New A.T. Kearney Research,'' A.T. Kearney, 26
June 07; Audra Ang, ``China Calls for More Testing of Exports,''
Associated Press (Online), 6 June 07.
\3\ Waikeung Tam and Dali Yang, ``Food Safety and the Development
of Regulatory Institutions in China,'' 29 Asian Perspective 6, 7
(2005); Drew Thompson, ``China's Food Safety Crisis: A Challenge to
Global Health Governance,'' 7 China Brief 8, 8 (2007).
\4\ David Barboza, ``Some Suspect Chemical Mix in Pet Food,'' New
York Times (Online), 12 April 07.
\5\ Frank Ahrens, ``FDA Halts Imports of Some Chinese Seafood,''
Washington Post (Online), 29 June 07,
\6\ Yang Yang and Jennifer L. Turner, ``Food Safety in China,''
China Environmental Forum, Woodrow Wilson Center for International
Scholars, 28 July 07.
\7\ Ibid.
\8\ Elizabeth C. Economy, ``The Great Leap Backward?,'' Foreign
Affairs (Online), September/October 2007, 2.
\9\ Yang Yang and Turner, ``Food Safety in China.''
\10\ Zhao Huanxin, ``China's Food Safety Beset by Challenges,''
China Daily (Online), 11 July 07; Thompson, ``China's Food Safety
Crisis: A Challenge to Global Health Governance,'' 8.
\11\ State Council Information Office (Online), White Paper on
China's Food Quality and Safety, 17 August 07, 1.
\12\ Waikeung Tam and Dali Yang, ``Food Safety and the Development
of Regulatory Institutions,'' 10-13.
\13\ For example, a 2003 survey by the China Consumers Association
reports that villagers are most worried about product quality and
substandard and counterfeit products. Ibid., 21-22.
\14\ Yan Jiangying, a representative from the SFDA notes that, ``As
a developing country, China's food and drug supervision work began late
with weak foundations. Therefore, the situation is not very
satisfactory.'' Zhao Huanxin, ``China's Food Safety Beset by
Challenges;'' David Barboza and Walt Bogdanich, ``China Shuts 3
Companies over Safety of Products,'' New York Times (Online), 21 July
07; Zhang Pinghui, ``Focus To Be on Harmful Drugs, Chemicals in Feed,''
South China Morning Post (Online), 26 July 07.
\15\ Barboza and Bogdanich, ``China Shuts 3 Companies over Safety
of Products.''
\16\ Ibid.; David Barboza, ``Chinese Regulators Find Widespread
Abuses in Food Industry,'' International Herald Tribune (Online), 27
June 07.
\17\ Andrew Martin and Griff Palmer, ``China Not Sole Source of
Dubious Food,'' New York Times (Online), 13 July 07.
\18\ CECC Staff Search. See also, Hu Ying, ``China Struggles To
Digest Food Safety Laws,'' Asia Times (Online), 28 August 07.
\19\ David Barboza, ``Another Consumer Product Disaster in China:
Exploding Mobile Phone Batteries,'' International Herald Tribune
(Online), 6 July 07; Yang Yang and Turner, ``Food Safety in China,''4.
\20\ Waikeung Tam and Dali Yang, ``Food Safety and the Development
of Regulatory Institutions'' 31.
\21\ For example, see the Zhejiang province Food Safety Information
Net: http://www.zjfs.gov.cn/; the Shaanxi province Food Safety
Information Net: http://www.sxfs.gov.cn/; and the Guangzhou city Food
Safety Information Net: http://www.gzfood.net. Ibid., 31.
\22\ Zhejiang province, through the provincial- and local-level
industry and commerce bureaus, established a rural consumer rights
protection network, including consumer associations and consumer rights
protection stations. Among administrative villages that lacked an
association or a station, the industry and commerce bureau would
cooperate with the township- or county-level government to establish
consumer rights protection points that designated personnel to mediate
disputes or complaints that were filed by rural consumers. State
Administration of Industry and Commerce Government Affairs Information
(Online), ``Problems with the Rural Consumer Rights Protection Network,
and Countermeasures'' [Nongcun xiaofei weiquan jiandu wangluo jianshe
cunzai de wenti ji duice (zhejiang sheng ningbo shi gongshang ju)], 7
July 06; Waikeung Tam and Dali Yang, ``Food Safety and the Development
of Regulatory Institutions,'' 34.
\23\ Zhejiang Rural Citizens Do Not Have To Leave the Village In
Order to Have Their Rights Safeguarded'' [Zhejiang nongmin weiquan
buyong chu cun], Zhejiang Business (Online), 15 December 05.
\24\ Waikeung Tam and Dali Yang, ``Food Safety and the Development
of Regulatory Institutions,'' 34.
\25\ Ibid., 27; Zhao Huanxin, ``China's Food Safety Beset by
Challenges;'' State Council Information Office, White Paper on China's
Food Quality and Safety, 4.
\26\ Waikeung Tam and Dali Yang, ``Food Safety and the Development
of Regulatory Institutions,'' 27.
\27\ Ibid.; Zhao Huanxin, ``China's Food Safety Beset by
Challenges.''
\28\ State Council Information Office, White Paper on China's Food
Quality and Safety, 4.
\29\ Don Lee and Abigail Goldman, ``Gluten Factory Had a Toxic
History,'' Los Angeles Times (Online), 9 May 07.
\30\ ``Premier: Food Safety a Top Priority,'' China Daily (Online),
26 July 07; ``President Hu Stresses the Importance of Farm Produce
Safety,'' Xinhua (Online), 25 April 07.
\31\ ``China To Tighten Control of Antibiotics in Seafood,''
Reuters (Online), 25 July 07; ``China Strengthening Food Rules,''
Associated Press, reprinted in China Daily (Online), 25 July 07.
\32\ ``China Strengthening Food Rules,'' Associated Press.
\33\ ``Amendments to Food Safety Standards Completed,'' China Daily
(Online), 4 July 07; ``Premier: Food Safety a Top Priority,'' China
Daily.
\34\ ``China To Tighten Control of Antibiotics in Seafood,''
Reuters.
\35\ Ibid.
\36\ The Plan was approved by the State Council in April 2007.
``China Vows Better Food Safety,'' Wall Street Journal (Online), 7 June
07; ``China To Fight Unsafe Food and Medicine,'' Reuters, reprinted in
Toronto Star (Online), 5 June 07; ``Former Head of China's Drug
Watchdog Executed,'' Xinhua (Online), 10 July 07; ``Amendments to Food
Safety Standards Completed,'' China Daily.
\37\ Ibid.; ``China To Tighten Control of Antibiotics in Seafood,''
Reuters; Zhao Huanxin, ``China's Food Safety Beset by Challenges.''
\38\ Beijing municipal government has already made similar
provisions in local food safety regulations. Waikeung Tam and Dali
Yang, ``Food Safety and the Development of Regulatory Institutions,''
32-33.
\39\ ``Amendments to Food Safety Standards Completed,'' China
Daily.
\40\ State Food and Drug Administration (Online), ``Main
Responsibilities,'' last visited 27 August 07.
\41\ General Administration of Quality Supervision, Inspection and
Quarantine (Online), ``General [sic] Administration of Quality
Supervision, Inspection and Quarantine of the People's Republic of
China,'' last visited 27 August 07.
\42\ PRC Central People's Government (Online), ``Ministry of
Health,'' last visited 30 August 07; Information Office of the State
Council, White Paper on China's Food Quality and Safety, 4.
\43\ Information Office of the State Council, White Paper on
China's Food Quality and Safety, 3.
\44\ Ministry of Commerce (Online), ``Main Mandate of the Ministry
of Commerce,'' last visited 30 August 07.
\45\ State Council Information Office, White Paper on China's Food
Quality and Safety, 3-4.
\46\ Hangzhou Municipal Food Safety Commission (Online), ``Hangzhou
Municipal Food Safety Commission Public Notice,'' 15 March 05.
\47\ One of the four ``monitoring links'' set forth in the Decision
on Further Strengthening Food Safety Supervision, issued by the State
Council in 2004. State Council Information Office, White Paper on
China's Food Quality and Safety, 3.
\48\ The Hangzhou Municipal Culture, Radio, Television, and News
Publishing Bureau is a combination of three bureaus: the culture
bureau, the radio and television bureau, and the news publishing
bureau. Hangzhou Municipal Culture, Radio, Television, and News
Publishing Bureau (Online), ``Hangzhou Municipal Culture, Radio,
Television, and News Publishing Bureau General Situation,'' last
visited 28 August 07.
\49\ One of the four ``monitoring links'' set forth in the Decision
on Further Strengthening Food Safety Supervision, issued by the State
Council in 2004. State Council Information Office, White Paper on
China's Food Quality and Safety, 4.
\50\ Ibid., 3.
\51\ Ibid.
\52\ ``Key Dates in China Export Scares,'' Wall Street Journal
(Online), 7 August 07. Toothpaste exported from China containing
diethylene glycol has been confiscated or banned in the United States,
Singapore, Panama, the Dominican Republic, South Africa, Australia,
Nicaragua, Greece, and Poland. The New York Times reports the figure of
at least 100 deaths from the use of cough medicine containing
diethlyene glycol in Panama. Jake Hooker, ``Chinese Company Linked to
Deaths Wasn't Licensed,'' New York Times (Online), 9 May 07.
\53\ Andrew Batson, ``China's Safety Failures Include Toys Sold at
Home,'' Wall Street Journal (Online), 2 July 07.
\54\ Walt Bogdanich, ``F.D.A. Tracked Poisoned Drugs, but Trail
Went Cold in China,'' New York Times (Online), 19 June 07.
\55\ A U.S. expert has noted that in the area of packaging
standards and pricing alone, China has more than 30 laws and
regulations. ``Can China Restore Its Exports Image?,'' Financial Times
(Online), 21 August 07.
\56\ Bogdanich, ``F.D.A. Tracked Poisoned Drugs, but Trail Went
Cold in China;'' David Barboza, ``China Yields to Inquiry on Pet
Food,'' New York Times (Online), 24 April 07.
\57\ For example, a 2003 China Consumers Association survey found
that villagers are most concerned about product quality and substandard
and counterfeit goods. Waikeung Tam and Dali Yang, ``Food Safety and
the Development of Regulatory Institutions,'' 21-22.
\58\ ``Former Head of China's Drug Watchdog Executed,'' Xinhua;
Geoff Dyer, ``China Executes Ex-Food Safety Chief,'' Financial Times
(Online), 10 July 07.
\59\ Ibid.
\60\ Josephine Ma, ``Drug Makers Face Higher Standards,'' South
China Morning Post (Online), 12 July 07.
\61\ Zhuang Pinghui, ``8.8b To Be Spent on Food and Drug Safety,''
South China Morning Post (Online), 8 August 07.
\62\ Waikeung Tam and Dali Yang, ``Food Safety and the Development
of Regulatory Institutions,'' 10-13.
\63\ Ibid.
\64\ The New York Times reports the figure of at least 100 deaths
from the use of cough medicine containing diethlyene glycol in Panama.
Hooker, ``Chinese Company Linked to Deaths Wasn't Licensed;'' ``China
Says Fatal Drug Outside Scope of Regulators,'' Reuters (Online), 8 May
07.
\65\ Ibid.
\66\ ``Can China Restore Its Exports Image?,'' Financial Times;
Thompson, ``China's Food Safety Crisis: A Challenge to Global Health
Governance,'' 9.
\67\ Ariana Eunung Cha, ``Safety Falters as Chinese Quiet Those Who
Cry Foul,'' Washington Post (Online), 19 July 07.
\68\ Ibid.; ``Reposting `Collusion Between Government and
Pharmaceutical Company' Essay Ruined My Life'' [Zhuanzai
`guanyaogoujie' wangwen daluan wo de yisheng], Beijing News (Online), 9
April 07.
\69\ The essay helped in part to initiate investigations against
Zheng Xiaoyu, former Commissioner of the SFDA, and Cao Wenzhuang,
former director of SFDA's drug registration department. Cha, ``Safety
Falters as Chinese Quiet Those Who Cry Foul.''
\70\ Ibid.
\71\ ``Reposting `Collusion Between Government and Pharmaceutical
Company' Essay Ruined My Life,'' Beijing News.
\72\ ``[Zhang Zhijian] Who Was Formerly Wrongfully Detained by Law
Enforcement Officials, Received 24,000 Yuan in Compensation Yesterday''
[Ceng bei sifa jiguan cuowu jiya 9 ge duo yue, zuori huo pei 2.4 wan],
Southern Metropolitan Daily (Online), 21 July 07.
\73\ Cha, ``Safety Falters as Chinese Quiet Those Who Cry Foul.''
\74\ Ibid.
\75\ Ibid.
\76\ PRC State Compensation Law, enacted 12 May 94, art. 3.
\77\ The exact language is ``Renlei huodong paifang de wenshi qiti
daozhi yuelaiyue yanzhong de quanqiu qihou bianhua wenti.'' Ministry of
Science and Technology (Online), ``MOST, Six Other Agencies Release
China's Climate Change National Assessment Report'' [Keji bu deng liu
buwei lianhe fabu ``qihou bianhua guojia pinggu baogao''], 26 December
06; Ling Li, ``China Releases First National Report on Climate
Change,'' China Watch (Online), 11 January 07.
\78\ For example, if China decides to accept classification as a
developed country, or if there is a diversification in the types of
commitments that countries can accept that go beyond the developing
versus developed country framework. Briefing on China, the Economy, and
Global Warming, Panel hosted by the U.S. House of Representatives
Committee on Foreign Affairs and National Environmental Trust, 23 July
07.
\79\ Ibid.
\80\ CECC, 2004 Annual Report, 5 October 04, 1; ``China To Enact
Law on Circular Economy,'' Xinhua (Online), 26 August 07.
\81\ Briefing on China, the Economy, and Global Warming, Panel
hosted by the U.S. House of Representatives Committee on Foreign
Affairs and National Environmental Trust, 23 July 07.
\82\ John Vidal, ``China Could Overtake US as Biggest Emissions
Culprit by November,'' The Guardian (Online), 25 April 07.
\83\ Ibid.
\84\ Briefing on China, the Economy, and Global Warming.
\85\ United Nations Framework Convention on Climate Change
(Online), Status of Ratification, 11 April 07.
\86\ Briefing on China, the Economy, and Global Warming.
\87\ National Development and Reform Commission (Online), The
People's Republic of China National Climate Change Program, June 2007,
2; Pew Center on Global Climate Change (Online), ``Climate Change
Mitigation Measures in the People's Republic of China,'' International
Brief 1, April 2007.
\88\ Pew Center on Global Climate Change, ``Climate Change
Mitigation Measures in the People's Republic of China.''
\89\ Briefing on China, the Economy, and Global Warming.
\90\ Pew Center on Global Climate Change, ``Climate Change
Mitigation Measures in the People's Republic of China.''
\91\ Ting Shi, ``Wen Warns of Grim Environmental Challenge,'' South
China Morning Post (Online), 10 July 07. China had an increase in
energy consumption per unit of GDP for the years 2003 to 2005. Briefing
on China, the Economy, and Global Warming.
\92\ ``Question Marks over China's Climate Commitment,'' Agence
France-Presse (Online), 6 May 07; U.S.-Chinese Economic and Security
Review Commission, China's Energy Consumption and Opportunities for
U.S.-China Cooperation to Address the Effects of China's Energy Use, 14
June 07, Testimony of Elizabeth Economy, C.V. Starr Senior Fellow and
Director, Asia Studies, Council on Foreign Relations.
\93\ Fu Jing, ``Local Gov'ts `Ignoring' Green Model,'' China Daily
(Online), 23 July 07.
\94\ Ling Li, ``China Releases First National Report on Climate
Change.''
\95\ National Development and Reform Commission, The People's
Republic of China National Climate Change Program; Daniel Griffiths,
``China's Mixed Messages on Climate,'' BBC (Online), 7 May 07;
``Analysis: PRC Climate Plan Aims To Deflect Criticism Prior to G-8,''
Open Source Center (Online), 7 June 07.
\96\ Joanna I. Lewis, ``China's Climate Change Strategy,'' 7 China
Brief 10, 11 (2007).
\97\ Briefing on China, the Economy, and Global Warming.
\98\ ``S. Korea Increases Monitoring Posts for Yellow Dust in
China,'' Yonhap News (Online), 5 April 07; ``China Works To Fight
Desertification in Xinjiang,'' China Daily (Online), 10 July 07.
\99\ Jeff Goodell, ``Capital Pollution Solution?,'' New York Times
(Online), 30 July 06.
\100\ U.S. Environmental Protection Agency (Online), ``Cap and
Trade Essentials,'' last visited 23 August 07.
\101\ Goodell, ``Capital Pollution Solution?,'' New York Times;
``Carbon Markets Create a Muddle,'' Financial Times (Online), 26 April
07; Michael Gerson, ``Hope on Climate Change? Here's Why,'' Washington
Post (Online), 15 August 07.
\102\ U.S. Environmental Protection Agency, ``Cap and Trade
Essentials.''
\103\ Ibid.