ESTABLISHING AN ENVIRONMENTAL LAW CLINIC IN CHINA: A REVIEW OF RELEVANT FACTORS AND VARIOUS MODELS.

This paper looks at the factors which affect the establishment of Environmental Law Clinics (ELCs) with a particular focus on models that might be most effective in a Chinese context. The paper is the result of desktop research and a clinical program where five law students and one supervising academic from an Australian Law school attended a Chinese law school in early December 2016. During the visit, Australian law students conducted a workshop with Chinese law students as well as visited several NGOs in Wuhan and Beijing to grasp a better understanding of the environmental issues the country faces. The observations in this paper are preliminary in nature and further discussion of educational goals and community needs will be required before settling on a particular model. Brief recommendations and a list of relevant factors for consideration for Chinese ELCs are provided at the end of the paper.


INTRODUCTION
Clinical Legal Education (CLE) is one of legal education's biggest success stories. 2 Drawing largely on practices from nursing and medicine, law schools from almost every part of the world have taken up the task of training and educating their students through the powerful paradigm of experiential education.The 'traditional' model of CLE involves law students attending lawyer-client advice sessions or assisting with upcoming cases.
Under supervision, these students gain insights into what lawyers do and the types of legal issues their clients face.More sophisticated models of CLE have evolved to include students working on initiatives like law reform and education such as workshops, seminars and information sessions.Some models have also experimented with other disciplines such as finance, business, science and social work.
The goal of CLE has traditionally been two-fold.First, there should be a focus on student 'learning through doing' (i.e. the experiential part).It is this work-integrated experience that separates CLE from classroom-based learning where students absorb information through lectures and texts.Further, most legal clinics involve a social-justice aspect, as opposed to an experience, for example, in corporate firms or private businesses with a focus on making profit (these types of initiatives are more commonly referred to as internships, placements or secondments).The second goal of CLE is thus to provide a 2 Wilson, R., (2009) Western Europe: Last Holdout in the Worldwide Acceptance of Clinical Legal Education.10(6) German Law Journal, 359-382.benefit or service to the community.In the literature, this is often referred to as 'service learning'. 3The discipline of law is uniquely placed for service learning because of its ability to address questions of justice, fairness and equality.
Environmental Legal Clinics (ELCs) are a specialized form of legal clinic.Their focus, as the name implies, is on the application, analysis and improvement of environmental laws.Apart from Schroeck's recent work, 4 Wei's paper from, 2009, 5 and Pei-Pei He and other's 2016 research 6 , little appears to have been published about ELCs in China.
Schroeck's paper emphasized a need for partnerships with United States (US) law schools which have an established history of ELCs but noted there are several challenges that face the Chinese context.Wei emphasized the differences in legal systems of the US and China, suggesting a focus should be had on training and recruiting professional staff to run the clinics.Finally, Pei-Pei He and others suggested that non-government organizations (NGOs) need to be closely aligned with ELCs and curriculum 3 Smith, L. (2004).Why Clinical Programs Should Embrace Civic Engagement, Service Learning and Community Based Research.Clinical Law Review 10(2), 723-754.See also: Laurie A Morin and Susan L Waysdorf 'The Service-Learning Model in the Law School Curriculum' (2012) 56 N.Y.L. Sch.L Rev 561, 567. 4 Schroeck, Nicholas J (2016) "A Changing Environment in China: The Ripe Opportunity for Environmental Law Clinics to Increase Public Participation and to Shape Law and Policy."18(1) Vermont Journal of Environmental Law 1-17. 5Wei, Xu (2009) 'A Comparative Study of Environmental Law Clinics in the United States and China' 19 Education Law Journal 75-94. 6Pei-Pei He, Yu-Jing Zhuang, Ying Lin and Cheng-Hui Zheng 'Environmental Law Clinics in Collaboration with Environmental NGOs in China' 9(3) Sustainability 2017 337; doi:10.3390/su9030337development.All authors covered some of the benefits and impediments to the operation of ELCs in China.
The arguments in this paper shy away from a 'casework model' of an ELC where students engage in environmental litigation.Whilst China has enjoyed something of an 'environmental awakening' of late, with an influx of new laws and specialist environmental courts and tribunals (there are now over 900 specialist forums), the practice of public interest environmental litigation is still relatively scarce.There are several possible reasons for this, including: • a lack of trained judges and lawyers specializing in environmental law; • the complexity and expense of gathering expert evidence; • the time-consuming and laborious nature of litigation procedure; • the possibility that litigation could be seen as political or; • the lack of effective transparency and right to information systems; and • the fact that case law in China plays 'little role in the whole system of law' and that lawyers rely more on 'theoretical explanations of laws and regulations.'' 7 For these reasons, and others, this paper suggests that Chinese ELCs should focus on law reform, policy and community empowerment -at least in the short term.The focus of such an ELC would avoid providing 'services' to individual clients but encourage a small 7 Wei, above n 4. group of students (say 5-10) to help deliver a reform or education project (a report, written analysis, journal article, website resource, education video etc.).8Non-casework models can provide students with a broader array of experiences for their future work, whilst, at the same time, allowing the clinics to be powerful forces for change through the practice of 'community lawyering.' 9 As Robertson has suggested, ELCs which undertake tasks outside of litigation (such as compliance and regulatory work) are also able to provide students with: a more realistic look at the practice of environmental law, and [one that] better prepares them to enter practice. 10i-Pei He's paper is important in this regard, that is; that NGOs need to work closely with ELCs and universities to show them the type of work they actually do in practice, most of which is not litigation. 11 the end, whichever model of ELC is considered, the situation is 'ripe' for China to start trialing different approaches. 12US law schools aggressively experimented with clinical understand the nature of environmental issues in China.Further research on this topic would be beneficial using empirical or case study approaches of existing ELCs.In this instance, time and resources did not permit that to occur and the recommendations in this paper should be understood in that light.
The paper is structured in three parts.Part one gives background and context to the idea of an ELC, looking at the benefits of CLE more generally and what an ELC might involve.
It also seeks to clearly define an ELC, something that has not been adequately achieved in the past.Part two of the paper considers existing ELC models categorizing them into casework, non-casework and hybrid/comprehensive approaches (type 'A', 'B' and 'C' approaches).Part three of the paper then looks at the Chinese context, noting ELCs that already exist and pointing out some of the challenges that litigation-focused (type A) models might encounter.Finally, part four of the paper provides recommendations about establishing an ELC in China including a list of relevant considerations such as funding, staffing, outputs and evaluation.

The Benefits of Clinical Legal Education (CLE)
CLE can be a life-changing experience for any law student.It can open their eyes to the realities of the law and the impact of our systems and institutions upon wider society.It can give students a valuable set of contacts on which to call on later in life, and provide them with hands on experience to put on the resume.At the same time, CLE can support civil society providing them with much needed assistance on issues they may themselves lack the resources to pursue such as law and policy reform and community education.
Universities are also recognising the benefits of CLE including being able to offer practical experiences to their students and, at a faculty level, engaging with external actors outside of the academic world (i.e. government, non-government and other private actors).Some of the main benefits to the university, community and student have been summarised in table 1 shown below.There are various ways of delivering CLE in tertiary education and as Giddings remarks, there is certainly no 'one size fits all' approach. 13One method involves hosting a clinic onsite at the university using existing space with paid lawyers or legally trained 'clinicians' to supervise student work.Another option involves running a clinic offcampus (externally) where the law school partners with a legal aid center or other pro bono or community organization. 14As Giddings sets out in some depth, there are various other hybrid models as well. 15 terms of supervision, which is a key question for any clinic, lawyers or clinicians can be employed on the staff of the university on a permanent or part time basis.
Alternatively, supervisors might be kept 'at arm's length' from the university through a contractual arrangement from semester to semester or year to year. 16Another possibility is that some funding from the law school may be provided to a partner organization as remuneration for their supervisory work of the students (i.e.outsourcing of education

Defining an ELC
ELCs, much like the jurisprudence of environmental law itself, are a relatively new phenomenon. 17Whilst examples of ELCs are easy enough to find on the web, predominately in the United States (US), from an academic standpoint they have been under-studied and many for example may not be actually operational or fullyfunctioning.Similarly, whilst the benefits of CLE to student well-being and employability are increasingly well-known,18 the pedagogical benefits of ELCs, and indeed other specialist clinics (like human rights, intellectual property, labour law etc), are noticeably absent from the literature.Accordingly, settling on a definition of what an ELC is and what it seeks to achieve is not easy task.Nonetheless, drawing from the broader CLE literature, a working definition of an ELC can be constructed as follows: 'An ELC is a form of specialist legal clinic whereby tertiary students, under supervision, engage with various aspects of environmental governance in order to meet community needs as well as their own learning goals.' This definition is broad enough to integrate students from other disciplines into the clinic (science, media, business, information technology etc), as well as cover the concept of environmental governance, which includes factors within and outside the law such as: the role of the media, NGOs and epistemic communities (e.g.universities and scientific bodies); the influence of human rights and other norms, policy considerations and other soft law non-binding instruments etc).The other key part of the definition is that students must be 'supervised' in some form that is an integral aspect of what CLE entails.The reference to a student's 'own learning goals' is derived from the pedagogical literature, a bulk of which theorises that students learn best when they set their own benchmarks for success through 'self-regulated learning.' 19ecialist clinics like ELCs have become more prominent in the United States, Australia and Europe since the 1980s. 20The growth has been in response to a demand for more specialised fields of legal practice and more particular (and complex) community concerns.As Evans and Hyams write, one of the greatest benefits of specialist clinics is that they are able to: 19 See for instance: Barry J. Zimmerman (1990) Self-Regulated Learning and Academic Achievement: An Overview, Educational Psychologist, 25:1, 3-17 20 See Giddings, above n 12, 101.

speak directly to the burgeoning particular interests of individual students and can
generate an even greater degree of energy for the specialisation than they experienced in the general practice clinic. 21 Wei writes, specialist ELCs have a unique capacity to combine: social concerns about environmental issues with more traditional legal education… [and]   serve as tools of social equity for helping the victims in environmental issues, especially those who cannot afford to hire a lawyer. 22

Establishment and composition of ELCS
The first ELC was reportedly developed in the United States at the University of Oregon in 1976.Thereafter, they 'sprouted like mushrooms' and today, there are about 35 ELCs in the US including: Harvard, Yale, Chicago, Washington, Maryland, Duke, Tulane, Lewis & Clark and Pace. 23The growth of ELCs in the US has been considerable.So much so, in fact, that it was reported in the 1990s that some universities were 'using environmental law for experiments with clinical or interdisciplinary approaches to legal education.' 2421 Evans, A., and Hyams R., (2015), 'Specialist Legal Clinics: Their Pedagogy, risks and payoffs as externships' 22(2) International Journal of Clinical Education 147-180. 22Wei, above n 4, 76.
In addition to the US, Canada has a handful of ELCs including clinics established at: Likewise, law students in Florida can also apply for certification to represent clients in Court. 28Various other states in the US have their own rules for student advocacy through CLE.
In addition to assisting with legal advice or casework in specific cases, students at an ELC may also work with academics or other organizations on research, education or law reform initiatives that are useful to broader society. 29This might involve, for example: • updating factsheets, handbooks or other community education resources; • assisting in contract drafting or leasing or conveyancing work needed, for instance, to establish a private conservation reserve; • preparing research or co-writing conference papers or journal articles • pressuring companies to 'become greener' or go low emission by compiling reports or releasing public information in 'easy to understand' formats; • launching and/or maintaining eco-friendly social media campaigns about a topical issue (e.g.water pollution in a local catchment, contamination levels in soil); • commenting or making submissions on upcoming law and policy reforms at the local, state or national level. 28 The potential scope of work at ELCs appears broader than other types of clinics and likely reflects the transdisciplinary array of problems that stakeholders in environmental governance face on a daily basis (legal, scientific, technological, financial, conceptual, etc).
ELCs are likely to be unique in this way and can expose law students (and other students) to a wide variety of community projects outside of litigation, which help develop a student's notion of social justice and build their capacity to address complex issues in a systematic and supervised way. 30Students who partake in ELCs also have the benefit of being exposed to environmental issues first hand and take some degree of ownership or responsibility over their experience.
For some students, experience in an ELC can sharpen their passion for the environment and the natural world, whilst for others they may realize for the first time a desire to pursue a career path in public interest advocacy.Some students may also find work with or through the ELC or its stakeholders, whilst others might make valuable social and business contacts for future work.Most ELCs, like other clinics, can also be adapted to focus on the skills which universities wish to build in students by placing an emphasis on specific strategies or legal tools including representation, community education, and policy.

Challenges faced by ELCs
ELCs face considerable challenges, as Giddings remarks, perhaps more so than any other form of clinic. 34The reasons for this seem relatively straightforward.The practice of environmental law, protection and conservation is often directly opposed to the interests of both government and private enterprise (mining, chemicals, agriculture, shipping, development etc).It comes as little surprise that taking on cases or advocating issues that challenge those interests can result in condemnation or criticism from those who stand to lose from the circumstances.The Tulane Environmental Law Clinic in the US, for example, was famously the subject of extensive criticism over litigation it was involved in several years ago. 35At the time, Tulane's ELC program represented citizens who challenged the issuing of environmental permits to the petrochemical industry.In response, the industry 'developed an eleven-point plan' to "kneecap" the university financially.' 36Likewise, it has been reported that the University of Oregon's clinic and University of Pittsburgh's have been attacked by state officials and industries. 37nding is of course another major roadblock to establishing an effective ELC (or indeed any form of clinic).As environmental law is often an elective -or a small component of 'charitable' image of the work they undertake and be able to market their existence to high performing students with a passion or interest in working in environment, public interest, administrative law or other related areas of law.
Finally, successful clinics manage their student expectations well.To do this, students need to be given a realistic idea of what they will and won't be doing. 39As McNamara et al writes, without clear expectations and direction, students can be frustrated and confused about their experience. 40Maintaining student interest in a specialist CLE along the semester can be challenging, time consuming and administratively demanding. 41udents may tend to focus exclusively on assessment tasks, rather than on the needs of the clinic and its clients, thereby 'playing the game' of the law school, rather than contributing to the real community needs.
Some of this may flow from the fact that legal clinics are still generally viewed as though they are separate or not 'as important' as the rest of the regular law curriculum. 42This is likely a result of the traditional view of academic tertiary education and its historical focus on teaching 'black letter law'.Nevertheless, those students who have experienced the advantages of a legal clinic often suggest (anecdotally) that the benefits of such a 39 Evans and Hyams, above n 20. 40 the same time, students at the clinic also work on projects related to access to justice and information, such as producing 'layperson-friendly' guides to the law and citizen rights. 52e categories A-C are by no means static.At times, ELCs may begin as one form of clinic and morph into another.The Centre for Human Rights Law and the Environment (CDHA) in Argentina, for example, began as a Type C clinic, incorporating a range of programs that included student-led litigation, advocacy, community engagement, and capacity building of key actors locally and nationally.The clinic represented individuals and communities impacted by environmental degradation or unsustainable use of natural resources, and works to protect communities from future negative impacts. 53In the past it ran a number of successful cases, for example, against mining companies that did not comply with rules regarding clean-up and rehabilitation of the area.However, after a few years, CDHA found that student-based litigation was too difficult as cases took too long and the timing was too unpredictable to fit within a university course.Thus the organisation now continues as a Type B clinic, focusing on community engagement and advocacy. 54

Internal or External Delivery?
External clinics (clinics hosted 'off-campus') are often seen as more cost effective than onsite models, but they still have their own set of challenges. 55They may, for instance, be deficient from a teaching and learning perspective, as students may not understand their own attributes, learning styles and learning needs without effective university supervision present.The law school may therefore have little control over the day-to-day learning of the students, with reliance that the external institution will provide the students with educationally useful and valuable activities, and an expectation that the students themselves are proactive and honest in how they are viewing their experience. 56e external organization may also hold a different view of social justice from the students or university, which can cause an uneasy relationship between the university and the partner. 57This conflict may also cause broader image issues for conservative universities or law schools where a partner may be seen as too 'radical' or political' for other forms of work the university undertakes (for instance in other faculties like mining, petrochemicals, business, investment etc).
Internal clinics also have their own set of challenges.First, there are the considerable costs of establishment. 58Suitable office space, computers, reception staff etc may be needed. 55 Costs can also increase due to the small student-to-faculty ratio, meaning several students may need to be supervised very closely by a senior academic. 59Further, clients (if the clinic sees clients) need to come on-site at the university to deliver documents, receive advice or give instructions to lawyers.There may be logistical issues where clients are some distance from the university or, in some countries, there can be security issues with attendance by non-students on campus grounds.Lastly, internal clinics can also face recruiting problems, attempting to find suitable staff and develop the sort of profile and reputation that specialist clients would consider appropriate for their needs. 60e issue which affects both internal and external clinics is that there is a lack of information more generally concerning clinic establishment. 61The information that does exist mostly relates to the US yet the establishment of clinics should ideally take in to account the local cultural setting. 62This means that setting up new legal clinics may involve extensive research and due diligence (costs) before the clinic is active including taking into account the culture of the communities for which the services are intended. 59Ibid. 60Evans and Hyams, above n 20. 61Puga, above n 51. 62Ibid.

Why establish an ELC in China?
China is an emerging superpower.Over the last three decades it has lifted millions out of poverty and greatly increased public infrastructure and investment in health and education and other important services.It has also become a major geo-political player on the regional and world scene able to negotiate and influence future international agendas.Of course, this has also come at great environmental cost.Air pollution cripples major cities like Beijing, Shanghai and Wuhan, particularly in the winter months, and water pollution from sewerage, chemical production and fertilizer run-off has affected large parts of China's inland lakes and river systems including the mighty Yangtze.The impacts on human health and biodiversity are obvious and the financial costs of such degradation are increasingly recognized.
In  or related groups working in other cities.Online collaborations (i.e.cyber projects) could also be an option for rural and remote places so the university does not have to pay for the cost of student travel.
The advantages of an external education-reform model might include: • the ability to produce research or other outputs over a planned period (one or two semesters); • access to existing resources on topical and 'real life' issues that affect a variety of people; • the opportunity for students to work across several related disciplines (for instance, science, policy and media); • the ability of the law school to control assessment and supervision in a defined period (including developing student skills in project planning) but not necessarily of the content of the work; • the opportunity to undertake team work which would simulate student practice post-graduation; 80 Pei Pei He, above n 5. 81 See Fulda, above n 76.
families and are reluctant to pursue public interest careers where salaries and prestige are far less than the more established commercial pathways.This phenomenon is not necessarily specific to China.Countries like Australia and the US face a shortage of public interest lawyers not to mention relatively small percentage of students willing to make it their career path in a time of high competition for jobs and salaries.Finally, another major consideration in the Chinese context is the staffing of the ELC.As Wei points out, 'most [Chinese] professors feel that they do not have time to take up other roles and responsibilities beyond their [existing] teaching and research.'79In comparison, many of the supervisors in the US are experienced clinicians, rather than lecturers or professors with experience in classroom teaching and legal research.Universities may78  Wei, above n 4, 87.79  Ibid., 87 have to find additional funds to employ clinicians outside of their research, service and teaching work.The benefits need to outweigh the costs in this regard.Recommendation: Establishing an external 'education-reform' modelThe unique set of challenges facing China's environmental governance systems suggests emulating the litigation-style US (Type A) model of ELCs may not work particularly well.In the short term, ELCs in China should consider focusing on law reform, education and broader advocacy initiatives to develop something of a movement of relevant material and resources.Emerging ELCs across several universities might be joined together in some collegiate way, for instance, through a Chinese association of ELCs.The collective could meet regularly to discuss different approaches to pedagogy and community service around environmental law as well as connect with ELCs throughout the rest of the world.In terms of a way of delivering such a model, Chinese universities would do well to avoid expensive 'in-house' approaches where the costs and risks of the clinic are absorbed by the law school.On the contrary, law schools should consider collaborating, on a trial basis, with external established organizations such as China's Global Environment Institute (GEI), Friends of Nature, Natural Resource Defense Counsel (NRDC), Institute of Public & Environmental Affairs (IPE), or WWF-China.These organizations (particularly the domestic NGOs) can be effective partners in the experiential learning experience for students, as well as help to develop effective curriculum content in CLE more generally.Indeed, recent empirical research has suggested that 'curriculums designed in cooperation with [NGOs] can better solve the dilemmas' faced by China's current environmental law courses. 80Partnerships would of course need to be cognizant of recent changes to overseas NGO funding and collaboration laws in China. 81Although many of the larger NGOs are based in Beijing or Shanghai they may have regional offices

Table 1 Benefits of CLE from three perspectives
University of Victoria (Vancouver Island): University of Calgary (part of a Public InterestLaw Clinic); York University's, (Osgoode Hall Law School); and the University of Ottawa's Ecojustice Clinic.25Central and South America are also home to several ELCs including Clinicas Juridicas (Juridical Clinic) at Universidad de Palermo in Buenos Aires and Costa Rica's Conservation Clinic at the University of Costa Rica (UCR).Several law schools in Australia (including Macquarie University which runs a Land and Environment Court experience), South Africa, China and Spain also have specialist ELCs built into their curriculums.26Inall,a conservative estimate is that there are approximately 50 ELCs worldwide, with about two thirds located in the US.In the US models, students in ELCs are likely to assist with legal advice and casework for individual clients (such as conservation organizations, concerned residents or community associations).There are special rules in many US jurisdictions, unlike in China and Australia for instance, which allow students to participate first hand in cases including advocating in Court.Law students in California for instance, can be accredited, to 'appear on behalf of clients 'in any public trial, hearing, arbitration, or proceeding.' 27 25 My thanks to Canadian academic Pierre Cloutier de Repentigny for confirming these ELCs 26 For an overview of an ELC in Spain, see Borràs, S, et al., 'The Environmental Law Clinic: A New Experience in Legal Education in Spain' (Chapter 5) in Daniela Ikawa, Leah Wortham (eds.)The New Law School, Reexamining Goals, Organization and Methods for a changing world (Public Interest Law Institute, 2010). 27Rule 9.42 ('Certified Law Students') California Rules of Court 2017 , because of the public interest and 'grass roots' nature of the work that they do, ELCs can also be a powerful way of universities connecting with their local community and the organizations that represent them.For those universities that wish to specialize in environmental law and governance, they can also prove a valuable part of competitive advantage acting as a magnet for the country's best and brightest future environmental lawyers.
31 30 Ibid., 9. 31 Karin M., and Runge, R., (2011) 'Toward Integrated Law Clinics That Train Social Change Advocates' 17 Clinical Law Review 563, 570.MoreoverThe number of students enrolled in ELCs varies considerably.As Robertson estimated in the late 1990s, ELCs (in the US) have enrolled 'anywhere from three to fourteen students each semester.' 32at said, most ELC operations tend to be niche and relatively small initiatives, and student groups are often kept to a manageable size of between 4 and 10 students rotating through the clinic at different times.Most law schools with ELCs seem to offer it as an undergraduate (elective) option in later years of the degree, though there is no reason why it cannot be offered at the postgraduate (e.g.Masters of Laws) level or built into practical legal components of legal admission processes post-graduation.As33Clubb, C., (2013) 'Masters of Our Destiny -The Integration of Law Clinic into Post Graduate Masters Provision.'19 I nternational Journal of Clinical Legal Education 395.

Table 2 . Three basic CLE models categorised by the nature of the work they do
are so unique to education that clinics should form part of the compulsory curriculum.Despite this, it remains that in most institutions clinics are seen as optional rather than a core unit that delivers relevant knowledge and skills.43ThechallengeforELCsareno different in this regard.Some universities -like Rovira i Virgili University in Spain, for example -have tried to address this by making an ELC 'both a core subject in the syllabus of the master's degree in environmental law and an elective in the undergraduate course in law.' 44 Pace University's environmental litigation clinic is another example of a Type A model, and since the 1990s has run several important cases.46Anotherexample of a type A clinic is the Clinicas Juridicas (Juridical Clinic) at Universidad de Palermo in Buenos Aires, Argentina.Enrolment in this clinic is mandatory for all law students in 4th or 5th year.B (law reform-education) models of ELCs tend to concentrate on non-litigious tasks such as students assisting with community education, policy and law reform.These tasks are broader than 'one-off' cases and do not necessarily involve serving individual clients, but rather, focus on delivering wider community gains.The University of Victoria ELC (in Canada), for instance, appears to adopt this type of model.48Itreportedly operates on a local level in order to optimise community involvement, and, in addition to meeting with community groups about their legal issues, produces handbooks and other documents for community organisations and the general public.In another example, at These clinics are comprehensive in their scope (or at least claim to be) and likely attract significant oversight and funding commitments from the university.There are numerous examples of Type C clinics in the United States and most may, by default, end up working on law , research and community education where no cases are available or active for students to work on.At Berkeley Law School (in the US) for example, clinic students undertake litigation, but are also encouraged to develop advocacy skills in law and policy reform.Students work on research about particular environmental issues across five main areas: climate change, toxics reduction, drinking and sanitation, green job creation, and equity in access to nature. 50The advantage of Type C clinics is that they offer students the chance to develop courtroom and legal drafting skills as well as see the broader context in which environmental law operates.Berkeley Clinic director Claudia Polsky recently commented on the need for developing student skills outside of litigation: There are several examples of Type C clinics in the human rights context as well.At the Public Interest Law Clinic at Universidad Nacional de Tucuman (Argentina) for instance, students conduct litigation on behalf of individuals for human rights infringements.At McNamara et al, above n 28.41Evans and Hyams, above n 20.42Hall, J., and Herrigan, K., (2011) 'Clinic and the Wider Law Curriculum' International Journal of Clinical Education 25-37.modelPART TWO: EXISTING ELC MODELS This part of the paper categorises the different focuses (or models) of ELCs into three groups: Type A, B and C.Table 2 below summarises the three basic models of ELCs that are available.The three types were based on desktop research undertaken by the author and clinical students. 44Borràs et al, above n 25. 45 Columbia Law School, Environmental Law Clinic,' Clinical Education <www.law.columbia.edu/clinics/environmental-law-clinic> 46Pace University, 'Pace Environmental Litigation Clinic' <www.law.pace.edu/pace-environmentallitigation-clinic> 47Universidad de Palermo, 'Clinicas Juridicas', Facultad de Derecho (Law Faculty), <http://www.palermo.edu/derecho/facultad/clinicas_juridicas/casos/index.html>Type Queensland University of Technology (QUT) school of law in Australia final year law students partner with an environmental NGO to prepare law reform submissions, factsheets, handbooks, YouTube videos, community events and other non-litigious services. 49Finally, Type C (hybrid or 'comprehensive') models involve a combination of Type A and B, in which both litigation and reform-education work are undertaken. 48University of Victoria, Faculty of Law 'Environmental Law Centre,'<http://www.elc.uvic.ca/programs/clinic/>. 49See Hamman, E., Maguire, R., & McNamara, J., (2014) Pro bono partnerships in environmental law: enhancing outcomes for universities and CLCs.39(2) Alternative Law Journal 115-119.reformI'm not inclined to add another amicus brief to 15 others in a case simply because it would give students useful experience writing an amicus brief.In a world of rapidly rising temperatures and pollution levels, and an alarming rate of species extinction, we need to make a real-world difference in addition to teaching lawyering skills. 5150 Berkeley Law School, 'Environmental Law Clinic takes on Urgent Issues' <https://www.law.berkeley.edu/article/environmental-law-clinic-takes-urgent-issues/> 51Ibid.
response, the Chinese Communist Party (CCP) has made important advances, ELCs are one of the only vehicles that can offer that.Numerous ELCs can also help to establish a movement of younger scholars and practitioners one which is connected to the world to draw examples from, but also one that understands and is able to suggest solutions in accord with its own customs and laws.China already has (or has had) a handful ELCs operating across the country, though they are still in the 'embryonic stage.' 63 At Sun Yat-sen University, in Guangzhou, for instance, an ELC was established in 2003 -said to be the first in China.64AsPei-PeiHeand others report, a major grant from the Ford Foundation in 2000 helped to lay the ground work Despite recent amendments allowing 'registered' NGOs to bring public interest suits, public interest litigation is still rare.As Schroeck recently commented: foundations that are willing to support ELCs in China, such as the Ford Foundation and the Lingnan Foundation, the general prospects are not so optimistic, and funds themselves are tight…Seeking funds [thus] takes a lot of time away from the substantive work of the ELCs and sometimes even threatens the initial establishment or the continued existence of ELCs.78A further impediment to ELCs in China is that there are limited opportunities and incentives for law graduates to work directly in public interest environmental law either during or after university.Most middle-class students in China are from one-child 63Pei-Pei He, above n 5.64Baskir, C et al., (2015) 'Chinese Clinical Legal Education: Globalizing and Localizing', in Sarker, Shuvro Prosun (Ed.) Clinical Legal Education in Asia: Accessing Justice for the Underprivileged (Palgrave Macmillan, 2015), 42.A controversial new law regulating the activities of foreign non-profit organizations (NPOs) in China came into effect on January 1 [2017].Under the Overseas NGO Law, foreign NPOs will have to meet very stringent registration and reporting guidelines.77Allthisadds to the already tight funding around existing ELC models.Wei makes this point succinctly:In the US, ELCs may receive reward in the form of an order for attorney fees from the judge when they win a case.That is both a relief to the fund-raising problem as well as an impetus to try the hardest to win the case.However, there is not such a mechanism in China….[Moreover]inChina,mostuniversities are state-owned.Although there are also76Schroeck, above n 3, 17 77 Fulda, A., (2017) A new law in China is threatening the work of international NGOs The Conversation <http://theconversation.com/a-new-law-in-china-is-threatening-the-work-ofinternational-ngos-70884> some