On "kyoto Protocol" The Challenge Of China's Environmental Legislation

The Kyoto Protocol to the United Nations Framework Convention on Climatechange, came into force on February 17, 2005, offers three new mechanisms:Emissions Trading, Joint Implementation and the Clean Development Mechanism.This is a start to use a global market-based mechanism to solve internationalenvironmental problems. According to the Kyoto Protocol, under CDM developedcountries can receive GHG credits or Certified Emissions Reductions by sponsoringactual GHG offset projects or other actual technology transfer in a developing countrywhile developing countries can generate hard currency income by exporting quotas,the developed counties do not have to assume emission reduction responsibilitiesbefore 2012 in accordance with the principles of equity and "joint but differentiatedresponsibility". However, this does not mean China can disregard the control of GHGemissions. If China refused to take measure for energy saving promotion andrenewable energy development, China will confront with heavier pressure from theinternational society in the negotiation of climate change process. Moreover, it isprobably that china will have to take proportion of the reduction mission of GHG inthe near future. China has entered a medium run for the industrialization, thetransition continues to require a large energy supply. If we keep such kind of theeconomic development mode and export GHG quota without limitation, it will ariseheavy burden on China after 2012.The first part of the main body starts from the main mechanisms of KyotoProtocol through introduction of its background and its main clauses and then dealswith the theoretical basis for the implementation of Kyoto Protocol in domestic laws,the author analyzes its impact on domestic industry, architectural industry andtransportation industry, agriculture, forestry, from which the author puts forward theimplied changes to law and concludes the legal meaning of this treaty so as to makeelemental support for the implementation of Kyoto Protocol in our national law. Thesecond part is the introduction of the implementation of Kyoto Protocol in two majorbodies—the European Community and the US. When introducing EC, the authordeals with the general law and policy of EC as well as the respective legal system andpolicy in the leading member states—German, Holland and Denmark. Theintroduction of the US lies on the law and policy after its withdrawal from KyotoProtocol and the voluntary implementation of American corporations and some of itsstate laws. The purpose thereof is to adduce reference and consultation for theenforcement of Kyoto Protocol in our national law. The third part is the introductionof the implementing condition in Chinese domestic law. Based on the introduction ofbasic energy utilization, the current exploitation of renewable energy resources andthe facing pressure after the entry-into-force of Kyoto Protocol, the author analyzesthe current environmental legal system of china applicable to Kyoto Protocol. In thefourth part the author puts forward the suggestion and countermeasures from fouraspects: the aspects of the general use of energy, the exploitation and utilization ofrenewable energy, the energy saving and energy efficiency as well as the afforestationand nuclear energy development and thus makes a conclusion.