Published By:
Starting from Volume 5 Issue 1 (April 2025), the ownership of Journal of Environmental Law & Policy (ISSN: 2564-016X) will be transferred from The Grassroots Institute to Asia Pacific Academy of Science Pte. Ltd. From 1 March 2025, authors should make submissions to the new journal system and follow the author guidelines. Asia Pacific Academy of Science Pte. Ltd. will take over the publication of manuscripts being processed.
(ISSN 2564-016X; CODEN: JELPBQ; DOI: 10.33002/jelp) is an international, scientific double blind peer-reviewed open access journal published 3 times a year online by The Grassroots Institute.
Open Access—free for readers, with article processing charges (APC) paid by authors or their institutions.
High Visibility: Indexed in SCOPUS, EBSCO and HEIN. Indexing is proposed in the WoS and other databases.
Fast Publication: Provisional acceptance to the submitted article is given in 1 week time. After consent of author(s), manuscript is peer-reviewed, and a first decision provided to authors in 2-4 weeks after submission.
Recognition of Reviewers: The reviewers who provide timely, thorough peer-review reports receive vouchers entitling them to a discount on the APC of their next publication in the journal, in appreciation of the work done. Reviewers also receive Certificate for their voluntary service.
Journal of Environmental Law and Policy is an international, interdisciplinary journal that facilitates an understanding of environmental governance, policy and law issues not only by drawing upon and contributing to the environmental social sciences, but also linking the ecosystem health, natural resources, and social sciences. The aim of the journal is to promote communication among academia, government, business and industry, civil society groups, citizens’ action groups, and non-governmental organizations who are instrumental in the solving of environmental problems and grassroots level issues.
The United States National Park System: Overview, Challenges and Policy Recommendations for China
James Brien
Vermont Law School, 164 Chelsea St, South Royalton, VT 05068, USA.
Email: jamesbrien@vermontlaw.edu | ORCID: https://orcid.org/0009-0008-1418-7618
Yanmei Lin*
Vermont Law School, 164 Chelsea St, South Royalton, VT 05068, USA.
Email: YLIN@vermontlaw.edu | ORCID: https://orcid.org/0000-0002-9312-7769
*Corresponding author
(2023) 03 (03) Journal of Environmental Law and Policy 106-157 https://doi.org/10.33002/jelp030304
Accepted: 13 December 2023
No. of Abstract Views:
Published: 31 December 2023
No. of Paper Downloads:
This article conducts a comparative analysis of national park legislation, focusing on insights from the US National Park System to inform the development of China's emerging national park framework. Against the backdrop of a global conservation movement, the US system serves as a valuable model for China, which initiated its own national park system in 2017. On October 12, 2021, China has formally established its inaugural set of national parks, comprising the Three-River-Source National Park, the Giant Panda National Park, the Northeast China Tiger and Leopard National Park, the Hainan Tropical Forests National Park, and the Wuyishan National Park. Encompassing approximately 230,000 square kilometres, these five national parks safeguard nearly 30% of China's crucial terrestrial wildlife species. As China endeavours to enact comprehensive legislation for its national parks, this research aims to contribute to the ongoing efforts by addressing key questions such as the efficacy of the US's "One National Park, One Law" model, the governance dynamics between federal, state, and local entities, and strategies for balancing conservation with diverse land uses. The analysis spans five sections, exploring the historical evolution of the US National Park System, its legal framework, challenges faced by US national parks, and policy recommendations for China. The US experience highlights the importance of establishing clear legal authorities, fostering robust public participation mechanisms, and harmonizing relationships with Indigenous communities. The findings presented in this study aspire to facilitate a nuanced understanding of national park legislation, promoting international collaboration between the US and China for the sustainable management of natural lands and the protection of global biodiversity.
Keywords: National Park System; Protected Areas; Indigenous People; Stewardship
Ann K. Wooster, What Constitutes Taking of Property Requiring Compensation Under
Takings Clause of Fifth Amendment to United States Constitution – Supreme Court Cases, 10 A.L.R. Fed. 2d 231, 2
Carol H. Vincent and Laura A. Hanson, “Federal Land Ownership: Overview and Data 1”,
Crown Managers Partnership, <https://www.crownmanagers.org>,
accessed on 20 May 2023
Dayton Duncan, 'Are We Loving Our National Parks to Death?' New York Times (6 August
Donald J. Hellmann, The National Park Service at 100, (2016) 5 (25) Akron L. Rev. 50
(quoting Wilderness Act, Pub. L. No. 88-577, 78 Stat. 891 (1964),<https://uscode.house.gov/statutes/pl/88/577.pdf>), accessed on 10 July 2023
Douglas Smith et al., Wolf Restoration in Yellowstone: Reintroduction to Recovery, 24
Yellowstone Science, <https://www.nps.gov/articles/wolf-restoration-in-yellowstone-reintroduction-to-recovery.htm>, accessed on 10 July 2023
Edward T. Keable et al., Grand Canyon National Park Compendium, NPS (17 August
Elena Idell, 'A Battle Over Oysters: Drakes Bay Oyster Co. v. Jewell and its Aftermath'
Howard H. Baker and J. Bennett Johnston, Advancing the National Park Idea: National
Parks Second Century Commission Report (2009) 38
Jack McLeod, 'Helpless Giants? The National Park Service’s Ability to Influence and
Manage External Threats to Redwood National and State Parks' (2018) 93 Notre Dame L Rev Online 131
James F. Kieley (ed.), “U.S. Dept. of Interior, A Brief History of the National Park Service”,
Jennifer Yachnin, 'Haaland strikes slur for Indigenous women from federal lands', E&E
NEWS (19 November 2021)
Jessica Meyers, 'America’s best idea may now be China’s, too, as it expands national park
system' The Los Angeles Times (5 October 2016), <https://www.latimes.com/world/asia/la-fg-china-national-parks-snap-story.html>, accessed on 10 July 2023
Joe Fox et al., What Remains of Bears Ears, Washington Post, 2 April 2019,
<https://www.washingtonpost.com/graphics/2019/national/bears-ears/>, accessed on 10 July 2023
Joe Hernandez, 'A woman was given 4 days in jail for getting too close to grizzlies in
Yellowstone', NPR News (10 October 2021), <https://www.wpr.org/woman-was-given-4-days-jail-getting-too-close-grizzlies-yellowstone, accessed on 20 May, 2023
Joseph L. Sax and Robert B. Keiter, 'The Realities of Regional Resource Management:
Glacier National Park and its Neighbors Revisited' (2006) 33 Ecology L.Q. 233, 236
Katherine Gammon, 'US National Parks are overcrowded. Some think "selfie stations" will
National Park Service, ‘Planning for a Changing Climate: Climate-Smart Planning and
NPS, 'Director’s Order #53: Special Park Uses' (US Dept. of Interior, 23 February 2010),
<https://www.nps.gov/policy/DOrders/DO53.htm>, accessed on 10 July 2023
Peter Dykstra, 'Defining the Mother Lode: Yellowstone National Park v. the New World
Mine' (1997) 24 Ecology L.Q. 299, 301
Qin Tianbao, “Several Dimensions on National Parks Legislation in China”, (2020) 46 (1)
Environmental Protection 43
Rob Hotakainen, 'National parks face tough calls battling climate change', E&E NEWS, 5
Rob Hotakainen, 'NPS plan to swap steam for natural gas fuels fight in Philly', E&E
NEWS, 3 December 2021
Rob Hotakainen, 'Panel will take up 4 new heritage areas, 26 other park bills' E&E NEWS,
Rob Hotakainen, 'Tribes flex political muscle in quest to co-manage parks', E&E NEWS, 25
Robert Sterling Yard, The National Parks Portfolio, Parks vs Monuments (6th ed. Isabelle F. Story,
Sarah Davis & Cameron Sholly, Yellowstone National Park Superintendent’s Compendium,
Stan Stevens (ed.), Indigenous Peoples, National Parks, and Protected Areas: A New
The Conversation, Americans Value National Parks, but Funding Is Lacking, U.S. NEWS
(Aug. 19, 2016), <https://www.usnews.com/news/articles/2016-08-19/americans-value-national-parks-but-funding-is-lacking>, accessed on 10 July, 2023
Wayne Edwards, Sovereignty and Land Rights of Indigenous Peoples in the United States
(Palgrave Macmillan, 2020) 39–40
William J. Ripplea and Robert L. Beschta, ‘Wolf Reintroduction, Predation Risk, and
James Brien and Yanmei Lin, ‘The United States National Park System: Overview, Challenges and Policy Recommendations for China’ (2023) 03 (03) Journal of Environmental Law & Policy 106-157,https://doi.org/10.33002/jelp030304
Brien, J. and Lin, Y. (2023). The United States National Park System: Overview, Challenges and Policy Recommendations for China. Journal of Environmental Law and Policy, 03(03): 106-157. Doi: https://doi.org/10.33002/jelp030304
Brien, J., & Lin, Y. (2023). The United States National Park System: Overview, Challenges and Policy Recommendations for China. Journal of Environmental Law and Policy, 03(03), 106-157. https://doi.org/10.33002/jelp030304
Brien J., Lin, Y. The United States National Park System: Overview, Challenges and Policy Recommendations for China. Journal of Environmental Law and Policy, 2023, 03 (03), 106-157. https://doi.org/10.33002/jelp030304
Brien, James, Lin, Yanmei. 2023. “The United States National Park System: Overview, Challenges and Policy Recommendations for China”. Journal of Environmental Law and Policy, 03 no. 03: 106-157. https://doi.org/10.33002/jelp030304
Brien, James and Yanmei Lin. 2023. “The United States National Park System: Overview, Challenges and Policy Recommendations for China”. Journal of Environmental Law and Policy, 03 (03): 106-157. https://doi.org/10.33002/jelp030304
| Crossref: | https://doi.org/10.33002/jelp030304 |
| Scilit: | https://www.scilit.net/publications/2c379d0b5640e60c658c1d2c1b8cd244 |
| SSRN: | |
| Academia.edu: | https://shorturl.at/Wuwfg |
| ZENODO: | https://zenodo.org/records/12671204 |
| OpenAIRE: | https://explore.openaire.eu/search/publication?pid=10.33002%2Fjelp030304 |
| Scribd: | https://www.scribd.com/document/748327518/jelp03-03-04-brien-lin-m00358 |
| Publons: | |
| EuroPub: | https://europub.co.uk/articles/739993 |
| DRJI: | |
| Cite Factor: | https://www.citefactor.org/article/index/0/the-united-states-national-park-system-overview-challenges-and-policy-recommendations-for-china |
| Dimensions: | https://shorturl.at/aAnje |
| ScienceGate: | |
| J-Gate: | |
| Research Gate: | https://shorturl.at/ItiHZ |
| Google Scholar: | |
| Harvard Dataverse: | https://dataverse.harvard.edu/dataset.xhtml?persistentId=doi%3A10.7910%2FDVN%2FADOKTD&version=DRAFT |
| Internet Archive: | https://archive.org/details/jelp03-03-04-brien-lin-m00358 |
| WorldCat: | https://search.worldcat.org/de/title/10122979916 |
© 2023 by the author(s). Licensee Journal of Environmental Law and Policy. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (http://creativecommons.org/licenses/by/4.0/). We allow to freely share (copy and redistribute the material in any medium or format) and adapt (remix, transform, and build upon the material for any purpose, even commercially) with a legal code: https://creativecommons.org/licenses/by/4.0/legalcode.
Journal of Environmental Law and Policy by The Grassroots Institute is licensed under a Creative Commons Attribution 4.0 International License based on a work at www.grassrootsjournals.org.
In Partnership with
In Collaboration with
Go to Top
