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On the Construction of China Legal System for International Carbon Emission Trading

Author: HeWan
Tutor: MoShiJian
School: China University of Political Science
Course: International Law
Keywords: Carbon emissions trading Legal system EU EUETS Rule
CLC: D996.9
Type: Master's thesis
Year: 2011
Downloads: 439
Quote: 1
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Abstract


Global warming is an indisputable fact. Scientific studies have shown that a large number of human use of fossil energy greenhouse gases are the main cause global warming. Carbon emissions trading system to provide mankind with a low-cost high-efficiency carbon emission reduction promotion mechanisms, and thus the rise in worldwide. China should also build their own emissions trading scheme in the country as soon as possible, and the establishment of the mechanism must be started from the legal system. This paper is divided into three sections discusses the theme of the establishment of a system of international carbon emissions trading laws. The first part of this paper is to proceed from the concept of the legal system of carbon trading, climate change, cooperation in the legal regime established by the international community and the implementing agencies, focused on an overview of the United States, Australia, Japan's carbon emissions trading legal system status quo. The second part of this paper first elaborated the legal system of the EU carbon emissions trading, including the analysis discusses the EU ETS operation mechanism, the core of the legal system of the EU Emissions Trading Directive 2003/87/EC and its four amendments on the basis of the original focus translation and commentary of the British national allocation plans for the first phase of original research modeled on the EU member states' national allocation plans; Next, the second part of this article on China's current legal system of carbon trading from the Constitution, reduce carbon emissions related to environmental law, reduce carbon emissions related to energy law, \pointed out the limitations of the system; build a legal system of carbon emissions trading on the basis of the foregoing discussion, the second part of the thesis of the necessity and feasibility analysis, including the need for analysis of content, including international and domestic climate situation is grim, domestic fossil energy supply has become tighter, the uncertainty of CDM projects in China and a powerful carbon emission reduction pressure from the international community; feasibility analysis from four aspects, namely the reference to the international legal system, China's low-carbon policy support and domestic carbon the basis of market practice, and complement the carbon tax system, as well as among the ranks of the opportunities of the international financial market competition. The third part of the paper from the draw on the legal system of the EU carbon emissions trading, China to build the principles of the legal system of carbon emissions trading and carbon emissions information statistical monitoring rules, carbon emissions quota allocation rules, quotas, registration and settlement rules, emission reduction the amount certified regulatory rules, the carbon emission reduction of six rules of the establishment of accountability mechanisms and rules, institutions set made Comments on the part of China's current status of CDM technology transfer, and recommendations of separate development of CDM technology transfer rules our CDM projects from developed technology, and finally the establishment of regional and international carbon trading market relying on the Shanghai Cooperation Organization on China's future prospect.

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CLC: > Political, legal > Legal > International law > International Environmental Protection Act
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