The Carbon Emission Rights Distributive Principles Under Environmental Justice Perspective

Climate changing has brought about negative influence in today’s world situation.To ease and focus on resolving the situation, it is crucial point to reduce and controlthe emission of carbon dioxide and other greenhouse gases, especially carbon dioxideis the main object of the global action on climate changing. The using of air resourcesis the right to use environmental capacity,namely carbon emission right.It is acomprehensive right,closely connects subject’s survival right and development rightand environment right,has the dual nature of the public rights and privaterights.Carbon emission right distributive principle unfolds around this right.Commonbut differentiated responsibility principle plays an important role in the foundation ofinternational environmental law and international cooperation on climate changing.Through combining the development process of common but differentiatedresponsibility principle and the reality in the distributive field of carbon emission right,it is well-known that developed countries and developing countries have been arguingwhether common but differentiated responsibility has been applied in distributivefield of carbon emission right,which has been unable to reach a new internationalagreement or international treaty in the international conference on climate changing.Therefore the provisions of the second commitment period of2013-2020is notreached.So environmental justice will take a new look at common but differentiatedresponsibility principle applied to the distributive field of carbon emission rights.Environmental justice is the basic concept of carbon emission rights distributiveprinciple, demand carbon emission rights distributive principle to protect survivalright and development right, environment right, liberty right and equal right.At thesame time, the value orientation of carbon emission rights ought to mainly includejustice, fairness and order and so on.In Post Kyoto era, common but differentiatedresponsibility principle as a general principle in distributive field of carbon emissionright cannot meet the needs of the development of reality, cannot reduce andcoordinate debate of developed countries and developing countries, cannot appeal tobalance the interests of all parties, which should get back to the concept ofenvironmental justice. To revive environmental form justice, let it do live up to realdistributive justice, so as to meet post Kyoto era carbon emission rights distributiveprinciple’s need to distributive justice.It is more important to realize environmental justice, and meet post Kyoto era carbon emission rights distributive principlerequirements of substantial justice from the perspective of corrective justice andcompensation justice. So only in this way can be achieved common but differentiatedresponsibility principle comprehensive correction in the distributive field of carbonemission right by combining environment form justice and environment substancejustice.