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Analysis Of The Function And The Limitations Of Kyoto Protocol

Posted on:2010-11-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:M X LiFull Text:PDF
GTID:1486302726485424Subject:International Law
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Global warming has become the most popular current political, economic issues;it is not only related to the future of all mankind,but also touches on the world today between the major political and economic relations.In this paper,the status of global warming and about the causes and the fourth IPCC report made to illustrate the survival of mankind has been faced with the danger to the critical point.1992 Rio UNCED,the United Nations General Assembly adopted the "United Nations Framework Convention on Climate Change",for the international climate change law,climate change,development and international legal system has laid a sound foundation."Convention" aims to "to the atmospheric concentration of greenhouse gases in the stability of the climate system to prevent dangerous anthropogenic interference with the level" and the "common but differentiated responsibility" and "equality","risk prevention"," sustainable development "," sovereignty and international cooperation "and other principles,but also to take the lead in the developed countries to assume obligations to cut greenhouse gas emissions commitments.However,"the Convention",as its name is a framework convention,it is only the establishment of the basic objectives, principles,norms,institutions and procedures for the coordination of international action,and not related to the specific international obligations of the Parties,the international community on how to implement " Convention,"the objective,a series of negotiations,particularly with regard to how the implementation of commitments by developed countries the issue and finally in 1997 in Kyoto at the Third Conference of the Parties adopted the" Kyoto Protocol." "Protocol" clearly defines the developed countries to reduce total greenhouse gas targets,the number of quantitative restrictions and its commitment period,and the Kyoto flexible mechanisms to help developed countries to achieve emission reduction goals,while helping non-Annex?Parties(that is,developing countries) to achieve sustainable development and contribute to the "convention" the ultimate goal."Protocol" signed in 1997 by up to 16 February,2005 come into effect, which crossed the 8-year long time.The main point of dispute in the States who take up the responsibility of reducing emissions,which have not been entirely consistent,the process of negotiation of national Governments to find ways of reducing emissions mitigation pressure,especially the U.S. Government's attitude.In 1998,the United States signed the "Protocol." However,in March 2001,the Bush administration to "reduce greenhouse gas emissions will affect the economic development of the United States" and "commitment to emission reduction in developing countries and should also limit greenhouse gas emission obligations" as an excuse to declare refused to ratify the "Protocol." The United States is the only world there is no sign the document in Annex?countries."Protocol" is the first requests the State party to assume the obligation to protect the implementation of the Earth system documents."Protocol" indicates that the global convergence of environmental policies and legislation of the situation.However,"Protocol" is not a pure international environmental agreements,because of its greenhouse gas emissions provides a flexible mechanism for trade,to a large extent as an international trade agreement.And its unique compliance mechanism also makes the countries willing to accept the accession."Protocol" of the creation of a joint implementation,clean development and emissions trading,the three Kyoto flexible mechanisms,in the "protocol" after the entry into force launched a global carbon trading market and,in some industries and many countries,effectively reducing greenhouse gas emissions.However,after more than four years of practice,we can see that the protocol indeed occurred in some areas,but also shows many shortcomings. From the measures taken and the discharge of the case,it is clear that most developed countries have not reached a "protocol" emission reduction targets.According to IPCC Fourth Assessment Report of the said the current climate mitigation policies and related sustainable development practices,the next few decades the world's greenhouse gas emissions will continue to increase.In the "post-Kyoto" era,how to speed up the countries in the climate change issue to work together is now the most important of the international community and that,as Powell UNFCCC Secretary-General of Timor(de Boer),believes that in response to key issues of climate change,depending Governments in developed economies drive towards green production and consumption incentives,and are confident that construction of the market mechanism(market-based) tools of the government is the most cost-effective strategies.At the same time,the international agreement on the industrialized countries should implement more stringent control of the total and induced developing countries to limit their emissions,and the strengthening of adaptation(adaptation) of the formulation of policies and measures.Finally,this paper suggested that global greenhouse gas emissions into the scope of control,the same emissions trading.Have an obligation to the world,but per capita emissions prevail.Compliance with the principle of fairness,the principles of sustainable development,emphasizing the real fair.At the same time continue in the "Framework Convention" of the framework,to strengthen and expand the use of Kyoto mechanisms.In order to achieve the above objectives,should strengthen the function of the United Nations,the establishment of world government,all countries have to give up some sovereignty,the only truly global humanity can work together to win the holy war.
Keywords/Search Tags:climate change, sustainable development, the United Nations Framework Convention on Climate Change, Kyoto Protocol, the Marrakesh Protocol, clean development, joint implementation, emissions trading, carbon trading, greenhouse gas
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