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The Kyoto Protocol and Legal Issues of Implementing the Clean Development Mechanism in China

Author: YaoZuo
Tutor: ZuoLiHong
School: Shanxi University of Finance
Course: Environmental and Resources Protection Law
Keywords: Clean Development Mechanism Energy Saving and Emission Reduction Post-Kyoto Era Low-carbon Economy
CLC: X321
Type: Master's thesis
Year: 2010
Downloads: 146
Quote: 2
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Abstract


Seeking to take effective measures to mitigate global climate warming in the worldwide areas, the international community worked together, and on Dec. 11, 1997 ,after long negotiations, adopted a legally binding "the Kyoto Protocol. In order to help developed countries to fulfill obligations for reducing emissions, "Protocol," introduced three flexible mechanisms - emissions trading, joint implementation and clean development mechanism. Among them, the clean development mechanism is the only one from the developed and developing countries to participate in the compliance mechanism. In the mechanism, developed countries input financial and technical into and cooperate with developing countries to achieve the dual objectives of the project, the mechanism is considered a win-win mechanism.As a developing country, China’s participation in the clean development mechanism and its effect on the socio-economic opportunities and the impact of such research has been initiated, and has introduced the "Clean Development Mechanism Projects Operation and Management Measures", many of the Clean Development Mechanism projects in China have also been run. However, the Clean Development Mechanism projects in operation still exists many problems and obstacles, and the outstanding problem is the lack of specific, highly workable legal system.This article has been studying the international climate negotiations and the operation of the CDM rules, based on the analysis of the Clean Development Mechanism in China’s implementation of legal issues and how to improve.The first chapter, "Theory of the clean development mechanism" described some of the basic issues, including specific international negotiations on climate change, countries in climate change issues in the game, the definition of the clean developing mechanism and the clean development mechanism and prospects the value of our country.Chapter II "Clean Development Mechanism of basic rules of operation" to "protocol" and the United Nations Climate provisions of relevant General Assembly resolutions based on a detailed analysis of the clean development mechanism, the operation of law. Those methods include the establishment of clean development mechanism project elements, project participants and their main duties, projects and project cycle of the object. And this paper briefly discussed the CDM project in China’s basic situation.Chapter III "Analysis the Situation of the Implementation of China’s Clean Development Mechanism" introduces an analysis of the Clean Development Mechanism in China. First, analysis of the Clean Development Mechanism in China’s implementation of the necessity and feasibility, then elaborated on the Clean Development Mechanism in China’s implementation of the present situation and existing problems, the final analysis, the Clean Development Mechanism in China’s implementation of the legal protection and inadequate.Chapter IV, "the integrity and development of China’s Clean Development Mechanism of the legal advice" By combining the analysis of Chapter III of the worldwide status of the operation of the clean development mechanism in order to "post-Kyoto era" as a starting point, made a number of clean development mechanism of the comprehensive proposal. One suggestion is to improve the Clean Development Mechanism of the legal measures, specifically including complete clean development mechanism, sustainable development, greenhouses gas emissions and improve the technological development and legislation, legal environment; Second Suggestion is to improve the Clean Development Mechanism of China’s legal system to protect and promote the clean development mechanism in China a good run.

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CLC: > Environmental science, safety science > Administration of Environmental Protection > Environmental planning and environmental management > Regional environmental planning and management
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