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The authoritarian logic of regulatory pluralism: Understanding China's new environmental actors
Authors:Benjamin van Rooij  Rachel E Stern  Kathinka Fürst
Institution:1. School of Law, University of California, Irvine, CA, USA;2. School of Law, University of California Berkeley, Berkeley, CA, USA;3. Faculty of Law, University of Amsterdam, Amsterdam, The Netherlands
Abstract:Over the last decade, Chinese citizens, judges, and prosecutors have started to take action against industrial pollution, pluralizing a regulatory landscape originally occupied by administrative agencies. Regulatory pluralism here has an authoritarian logic, occurring without the retreat of party‐state control. Under such logic, the party‐state both needs and fears new actors for their positive and negative roles in controlling risk and maintaining stability. Consequently, the regime's relation to regulatory pluralism is ambivalent, shifting between support and restriction. This prevents a development of a regulatory society that could bypass the regulatory state. Theoretically, this special edition argues for a subjective definition of regulation in a context of pluralism. Moreover, it finds that regulatory pluralism need not coincide with a decentring of regulation. Finally, it highlights how entry onto the regulatory landscape affects the non‐regulatory roles of new actors, creating unintended consequences for regulatory pluralism.
Keywords:authoritarianism  China  Global South  environmental regulation  regulatory pluralism
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