A Study On The Main Legal Issues About The Initial Allocation Of Carbon Emission Permits

Global warming is getting more and more attention, and governments areactively seeking for an effective way to cope with climate change. In thiscircumstances, the carbon emissions trading system, which use the market mechanismto control the greenhouse gas emissions, has become a widely used means. As a basisfor the carbon emissions trading, the initial allocation of carbon emission permits hasgot widespread concern from domestic and foreign scholars. There are many legalissues in the process of the initial allocation of carbon emission permits. This articleonly discussed the initial allocation of carbon emission permits’ principle、subject、mode and amount, in order to provide some recommendations.Although some scholars have put forward a lot of principle about the initialallocation of carbon emission permits, in the final analysis, it is argues about theprinciple of fairness and efficiency. Basing on the development of China’s carbonemissions trading market, we should follow different allocation principles in thecarbon emissions initial allocation.It’s a good choice to follow the principle ofefficiency in the early days of the carbon emissions trading market. The principle offairness should be pay more attention as the carbon emissions trading marketgradually mature. when the carbon emissions trading market become maturity, theprinciples of fairness will become the main principles.The subject of the initial allocation of carbon emission permits, whichgovernment department is responsible for the allocation of carbon emission permits,which subjects are able to accept carbon emission permits, needs to be chose aftercareful consideration of the interests. It is more appropriate to give the environmentalprotection department the main work of allocation according to our country’ practice.It plays a leading and coordinating role and other departments, such as developmentand reform commission and Department of Finance, price department should do theauxiliary work well. We can choose the mixed mode of the subject of allocationacceptance, because it can both take advantage of the upstream allocation and thedownstream allocation. It can not only establish a effective market of the carbonemissions trading in lower administrative costs, but also to achieve environmentaleffectiveness. The common modes of initial allocation of carbon emission permits are freeallocation, compensation allocation as well as mixed mode allocation and each modehas its own advantages and disadvantages. According to International practicalexperience and scholars’ research, a single mode of carbon emissions initial allocationcan’t meet the requirements of fairness and efficiency. With the continueddevelopment and growth of the carbon emissions trading market, the mode ofallocation should be changed with it in order to get environmental resource allocationoptimization and achieve maximum economic, environmental interests. The initialallocation of carbon emission permits should be a progressive pattern. A mixed modeallocation, which free allocation give priority to and supplementary compensationallocation, should be chose in the early time of the carbon emissions trading market.with the development of the market, gradually reduce the ratio of the free allocationand ultimately chose compensation allocation when the trading market reachesmature.To determine the number of carbon emission permits initial allocation is animportant part of the system of initial allocation carbon emission permits. Totalcontrol is the basis of acquiring the number of initial allocation of carbon emissionpermits. In carbon emissions trading pilot phase, target total content control is morereasonable. when the relevant technical and technological means reach a certain level,the capacity total content control to determine the number will be more scientific.Before the carbon emission permits allocation, In order to avoid some questionscausing by unreasonable number, we can temporarily stored a certain amount ofquota.In order to achieve the fair treatment of the new enterprise, we can reserved acertain number for the new enterprises learning from the EU approach.