Research On Multilateral Legal Institutions Of Carbon Leakage

Problem caused by emissions of greenhouse gases to global climate change has become a major challenge facing humanity.Carbon leakage is not only an environmental problem,but also a trade related issues.Carbon leakage is the problem caused by transfer of greenhouse gas emissions which reason is trade mechanism or mandatory cuts mechanism.Developed countries and developing country hold different opinion to carbon leakage.Developed countries emphasize environmental right and have a strong dissatisfaction to developing countries as a free rider.Developing countries recognize that developed countries have responsibility to carbon emission which caused the present greenhouse effect.In terms of the present study,both side must share their common but differentiated responsibilities principle.The legal regulation on carbon leakage mainly unilateral regulation,and the legal regulation which can really fair multilateral to solve the problem of carbon leakage is still imperfect.It seems unilateral measures can not solve the carbon leakage,the key Multilateral legal measures is the key to resolved the carbon leakage.At present,the regulation of carbon leakage law system still has many defects,such as the main responsibility cognizance unreasonable,the CDM has carbon leakage risk,emissions reduction mechanisms lack of security,WTO environment exception clauses abused,carbon emissions quota of initial allocation and measurements do not depend on the question.The unilateral measures of some developed countries has some limitations,the effect from the implementation point of view,did not have a fundamental impact on the carbon leakage occurs and trade protection with color.Therefore,reasonable design of legal system perfect accounting distribution system,effective supervision and monitoring system and strong technical support mechanism is the way to solve the international legal system regulation of the leakage.Our country have the big power of carbon emissions,carbon emissions rights in China is the greatest beneficiaries censured.China is facing the difficulties of CDM in the regulation of carbon leakage,the requirement of mandatory emission reduction and the dilemma of carbon tariffs in the field of international trade.Therefore,we should draw on international experience,actively participate in international climate negotiations,in some countries to take the necessary measures to the domestic anti system,build carbon tax system,consummates our country carbon emissions trading system.