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Legal Issues of the Clean Development Mechanism

Author: HeYunYun
Tutor: ZhaoWei
School: China University of Political Science
Course: International law
Keywords: Kyoto Protocol Clean Development Mechanism Post-Kyoto era
CLC: D996.9
Type: Master's thesis
Year: 2011
Downloads: 127
Quote: 1
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Abstract


With the growing problem of climate change, human society gradually became aware of the importance of reducing greenhouse gases and take active measures to deal with the problem of global climate. Established by the United Nations in 1992, the United Nations Framework Convention on Climate Change (UNFCCC), the Convention provides a holistic framework for global greenhouse gas emission reduction activities. Binding Kyoto Protocol was adopted in 1997, which further defined the greenhouse gas emission reduction obligations of developed countries. To help developed countries to achieve their emission reduction obligations, \CDM is a mechanism developed country Parties to collaborate on projects to achieve part of their greenhouse gas reduction obligations and developing country Parties. China is very important to the participating countries in the CDM, CDM implementation in China is of great significance. Therefore, this article will specifically addressed CDM related legal issues. The main content of this paper is divided into three parts, namely the CDM theoretical knowledge, practical experience in CDM and its problems, and the implementation of the CDM and its perfect. The first part is the basis of theoretical knowledge of the CDM, first discusses the CDM the background and the relevant international conventions, and then elaborate on the rules for the operation of the CDM, mainly related to the CDM eligibility to participate, the principal involved, the financing model as well as the operation of the CDM project program aspects. The second part describes the practical experience of countries for CDM, and CDM related issues in the implementation process. Part of practical experience in various countries, I selected a typical representative of developed and developing countries are discussed, the exposition includes countries CDM legislation, law enforcement and its supporting measures taken, and summarize their experience in order to to provide appropriate lessons for China. Management system from the interests of the developing countries and developed countries as well as CDM CDM practice section, the author analyzes and discusses the problems exist in the CDM implementation of the CDM related international rules need to perfect. The third part discusses the status of China's implementation of the CDM, the problem and improve the measures. I first implementation of the CDM introduced, including the CDM significance of China's current CDM related policies and regulations, and briefly discusses the main content of the \Followed by analysis of the defects in the implementation of the CDM and risks, including the risk of the CDM related legal system defects, and facing the reality of the transaction which CDM both. Then, I address these issues recommendations to improve China CDM Finally, the author analyzes the impact of post-Kyoto era of CDM and China's countermeasures.

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