| Global warming is an indisputable fact now. Scientific research shows that the main cause of global warming is our extensive use of fossil fuels and the huge emission of greenhouse gases from that. Carbon emission trading system has succeeded in helping mankind to promote carbon reduction with providing a cost-effective mechanism, and thus has been implemented all over the world. China should also establish a domestic carbon emission trading scheme as soon as possible, to establish that scheme China must start with building the relevant legal system. This article is consisted with three parts with the theme of'Construction of the legal system for international carbon emission trading scheme in China'. Part I starts with the concept of'carbon emission trading scheme', analyses the major legal response of international community towards climate change and relevant agencies that are implementing those legal mechanisms, then focus on United States, Australia and Japan, Part I gives an overview of the present status of carbon emission trading scheme. Partâ…¡describes the EU legal system of carbon emissions trading, including the analysis of the running of EU ETS, Directive 2003/87/EC the core of the EU Emissions Trading legal system and its four amendments, then takes the 'national allocation plan' of United Kingdom as an example to explain the NAP of member Countries in the European Union; Partâ…¡then introduces China's current legal system of carbon trading, including the Constitution, the carbon emissions related environment law, carbon emissions related energy law, "Measures for the Operation and Management of Clean Development Mechanism Projects ", international treaties, agreements and declarations with China's participation, supporting legal aspects of Carbon Sequestration in Forestry, carbon tax and carbon finance; Partâ…¡continues to analysis the limitations of China's legal system in carbon emission trading through the absence and defects of the law mentioned above; According to the previous discussion, Partâ…¡discusses the necessity and feasibility of the Construction of legal system for carbon emission trading in China, necessity analysis including the grim situation in international and domestic climate change, the domestic supply of fossil fuels is becoming increasingly tense, the uncertain prospects for China's CDM projects, and the strong pressure of carbon emission reduction from international community; feasibility analysis also including four aspects, namely the reference to the relevant international legal system, China's policy supporting and experience from the practice and operation on domestic carbon market, the coordinate with carbon tax system, and among the opportunity to join the competition of international financial markets. Partâ…¢refers to the legal system of EU carbon emissions trading scheme, analyses the principles of the constructing of the referred legal system in China, and discusses the statistical and monitoring regulations on carbon emissions, carbon emission allowance allocation rules, allowance registration and settlement rules, certification and regulatory rules on the quantity of carbon emission, and rules of responsibility in carbon emission reduction mechanisms, setting of institutions, also, this part makes recommendations for the referred six classified rules, then part III also makes an assessment on the current status of transfer of CDM related technology, then proposed rules of CDM Technology Transfer in China, in order to ensure that CDM projects will be aiming at obtaining technology from the developed countries, and finally, partâ…¢forecasted that in the future, China may invite Shanghai Cooperation Organization in the establishment of regional international carbon emission trading market.
|
PDF Full Text Request