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Study on Protecting the Legal Rights of Forest Carbon Sequestration Trading Entity of China

Author: WangAiHua
Tutor: YinHui
School: Southwest University of Political Science
Course: Environment and Resources Protection Law
Keywords: Clean Development Mechanism Non-Clean DevelopmentMechanism forest carbon sequestration forest carbon sequestration tradingentity
CLC: D996.9
Type: Master's thesis
Year: 2012
Downloads: 14
Quote: 0
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In the dynamic environment of international forest carbon sequestration market,legal rights of forest carbon sequestration trading in China are being challenged.China, as an important country who has been involved in the Clean DevelopmentMechanism, relies more on international rules about measurement Methodology,which leads to China has little rights to speak in the international. Despite the greatpotential of forest carbon sequestration and forest carbon sequestration trading pilot in2011, but the lack of rules, it is less favorable in protecting legitimate rights andinterests of the forest carbon sequestration of China. Besides, forest carbonsequestration has some nature of republic resources, which is destined to relatedtransactions, the legal status of the transaction entities and legal risk is different fromordinary goods, therefore, it is necessary to give the legal protection in analyzingtransaction entity from the trading process and the project itself.The Article is based on the classification of forest carbon sequestration tradingunder the Clean Development Mechanism and Non-Clean Development Mechanism,which leads to trading entities of two forest carbon sequestration modes in China,under the premise of simple comb limited domestic forest carbon sequestrationprojects and the only forest carbon sequestration trading pilot. These two modelsthroughout the article always, which is forest carbon sequestration trading of CleanDevelopment Mechanism under the Kyoto rules and non-Clean DevelopmentMechanism. Through sorting out the existing domestic transactions and potentialtransactions, Firstly, people can see that the legal status of the two modes of forestcarbon sequestration trading, legal risk which trading entities encountered intransaction process. Secondly, laws and regulations regarding this were analyzed,moreover, the unique attributes of the product is different from the ordinary product inthe market of public resource to conduct a brief analysis. Furthermore, the forestcarbon sequestration market of China is not yet running smoothly. The pilot aboutforest carbon sequestration trading was just carried out in November2011, Yiwu,Zhejiang. In international transactions, there is a few domestic projects have beensuccessfully registered, but some foreign forest carbon sequestration markets arecarried out actively. Therefore, it is necessary to learn mature patterns of protectingtrading entities from other foreign countries. Last but not least, it is essential to propose appropriate legal measures to protect forest carbon sequestration tradingentities of two trading modes of China.

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