| "Kyoto Protocol" in 2005 after the commencement of the rapid development of carbon markets. According to World Bank statistics, the size of the carbon market from 2004 to 7 billion dollars to about 2009, $ 144,000,000,000. China has become today the world's largest seller of CDM projects. Deadline February 26, 2009, China designated national institutions have been approved CDM projects in China 1882, of which 457 projects were registered with the success of EB, 108 projects were issued. China's huge market potential CDM project registration and issuance is about to enter the peak of our country in the global CDM market share is growing.Despite the development of CDM projects is very fast, but worrisome, because little is known about the domestic CDM project owners, in addition to understanding the laws and regulations related to the lack of rules of the game, so that our country has always been a passive buyers to sign disadvantageous position. This paper discusses the existence of CDM projects operating in the legal issues are: (1) The project owner awareness of the value of the project itself has errors; (2) lack of qualification of international buyers of legal investigations; (3) in the specific transaction In practice, the project owner carbon price too much attention to itself, while ignoring other relevant factors; (4) signed emission reductions purchase agreements are often overlooked agreement on the terms of the contract performance period; (5) emission reductions purchase agreement the terms on the right to choose not pay enough attention; (6) emission reductions purchase agreement in the applicable law, arbitration and jurisdiction, text language, and terms of commitments and guarantees are extremely important, the project owners do not have enough attention and so on.Then we study the path to resolve these legal issues: (1) should be strong in the enterprise to carry out CDM knowledge of universal education; (2) as the project owner on the purchase of domestic enterprises must make detailed investigations of credit worthiness; (3) do domestic firms for the project owners must not only pay attention to the transaction price itself, but also pay attention to the factors affecting the price-related; (4) suggested that owners of domestic projects emission reductions purchase agreements signed, and foreign buyers to sign a package of time schedule , including the application stage of the eight steps, the time required for each step, the more specific the better the project owner; (5) the project owner in the country signed the "emission reductions purchase agreement", one sure to argue seize the initiative to fight optional provisions from the "emission reductions purchase agreement" to remove out, do our best to protect their interests; (6) on the determination of the applicable law, we are to fight for national law, the worst The results should also strive to apply the laws of third countries; should pay attention to the terms of arbitration and jurisdiction, to the maximum to fight for their initiative in preventive measures, recommendations are not unusual circumstances do not agree with each other under the jurisdiction of this than agreed to the jurisdiction of the country in the other benefit; (7) contracts as the Chinese version of the language to their advantage to choose the kind, or a third language as the language of the text; (8) suggested that domestic buyers to sign warrants and undertakes to treat the terms should be carefully considered, as appropriate, again, do not think that is irrelevant and totally acceptable. This risk is considerable. Particular stage of the agreement to perform, you will find the terms for the seller pledges and commitments in terms of a trap everywhere, believe it will be in a very passive state. So discretion to sentence as far as possible not to accept the terms of their negative, to fight for their best interests, but also the right to limit each other to increase each other's obligations.
|
PDF Full Text Request