Research On Legal Problems Of International Carbon Trading

International trading in carbon emissions is on the right to emission, which is the implementation of emission reduction obligations or for investment or other purposes the buyer and seller for access to funds or technology subject to quotas of carbon or carbon credit transactions as the subject of the sale transaction. In the1990s of the20th century, the rapid development of international carbon trading has been in the way, particularly in the establishment and operation of the EU emissions trading system as well as the active participation of developing countries in the international carbon emissions trading system in the future. China is not the first undertaker of mandatory emission reduction obligations of the Kyoto Protocol, but, as the largest developing country, China is a major seller of CDM projects implementation mechanisms in developed countries. Also, in the next decade, China needed opposed to mandatory emission reduction obligations for developing countries, resist the United States and the European Union's tax on carbon emissions trading, but actively involved in climate change issues and the implementation of emissions trading is the key to compete for international climate leading voice in the field. Therefore, study of international carbon trading, not only to study the problems of the current international carbon trading, systems resolve challenges and carbon trading a breakthrough into the air pollution control Act, or the establishment of an independent legal norms and international carbon trading and carbon trading rules practice certain theories laid the Foundation; But in practice, it can be solved in China may face mandatory cuts in how to meet obligations and the establishment of rule of law system of carbon trading aspects of providing references, and can provide effective guidance for corporate entities to fully participate in the international carbon trading.According to the theory and practice of international carbon trading experience, ownership unknown international carbon trading-carbon emissions, carbon trading law soft law, carbon certification standard of uniform set of rights and obligations in the agreement template, carbon trading is not reciprocal, carbon trade procedures, trade restrictions in legal aspects of issues such as conflict with WTO rules. In a fair trade environment research foundation of freedom, justice, when the problems for the study of international carbon trading, to approach to the study of international carbon trading market mechanism, To build a carbon trade fair system for core research, using historical and realistic perspective approach, empirical and Normative Analysis, comparative analysis and other methods of research he found that:Firstly, carbon emissions trading is the legal property of the base and core. Property determination of carbon emissions, are the property of the British and American legal systems properties, are also civil law of usufruct right to property, right to property or the environment properties, there are limitations. Beyond the basic theory and system of law or domestic law on the basis of, from legal, ethical and moral dimensions of international law made in response to carbon emissions should have international natural law, human rights law attributes and method of human environmental rights and property. Secondly, international carbon trading legal system from United Nations climate changes framework under, and Kyoto Protocol under to EU carbon emissions trading instruction to States of carbon row into trading legal rules, performance out legal system of non-Unity, and country legal specification of non-integrity, and legal effect of soft method sexual, features, does not conducive to international forced emissions obligations of implementation and international carbon trading of development, needs international social common efforts in give all party time and responsibility obligations distribution Shang of difference treat of premise Xia, Can be gradually reached a broad agreement of mandatory cuts conventions or agreements. Thirdly, carbon certification is a program for carbon trading project; Carbon project certification standard is finally obtained certified emission reductions statutory basis. At present, the diversity of international carbon standards, leading to carbon trading project certification results are not unified, or even the entire carbon trading market segmentation and technical barriers in international carbon trading markets.To do this, in the development of international carbon trading, from legislative level to study the certification of international carbon standards, establishing one or a few accurate scientific certification standards in order to safeguard the fairness and impartiality of international carbon trading program. Fourthly, the international carbon trading is an effective agreement reached through the international carbon trading contracts, but the international carbon trading contracts and does not form a unified model of contract. Based on the different carbon trading, will choose different carbon trading contract templates. And this will lead on the subject of carbon trading in the rights and obligations of unfair. Reference to General contracts for the international sale of goods, comparison of carbon trading in the subject and the object of the contract, the rights and obligations, compliance procedures and legal effects of special conventions, identify its shortcomings and subject to contract adapter with non-default remedies, will effectively contribute to the development of carbon trading and equity. Fifthly, has been working in the World Trade Organization rules of the international.community and the United Nations Framework Convention on climate change under control system form a mutual respect between each other areas of general consensus. But trade restrictions in the international carbon trading and setting free trade obligations of WTO law is contrary to the obligations and reduce market access barriers.Carbon emissions trading system is within the scope of WTO law certainly after judgment, it is necessary to appropriately balance the environmental protection objectives and value orientation of multilateral free trade regime between the conflicting relationship, international carbon trading can be found by consistency between the WTO rules and trade restrictions.Accordingly, the international carbon trading is a system to control climate change innovation of human society, is of great theoretical and practical significance, but there are still many problems. It requires the international community to confirm the legal property of carbon emissions, strengthen the force of the rule of law, establish uniform certification standard for carbon projects, carbon trading and balance between rights and obligations, legal conflict resolution seeking carbon trade restrictions, international carbon trading order and justice can be achieved.