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Study Of Cdm Trading Laws

Posted on:2009-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:G L ChenFull Text:PDF
GTID:2206360248950949Subject:International Law
Abstract/Summary:PDF Full Text Request
The clean development mechanism (CDM) is one of the three flexible mechanisms established in the Kyoto Protocol(KP), which is agreed under COP3 of the Framework Convention on Climate Change (FCCC). Since the CDM is to help the Annex I parties to achieve the emission reduction commitment in a cost-effective manner; to help the developing countries to achieve the sustainable development and take measures to mitigate the climate change, it allows the developed countries invest in developing countries to build CDM projects and thus transfer CERs generated through these projects. So CDM is taken to be the most important mechanism of KP. China is the first emitter of greenhouse gases (GHG)in the developing countries, and enterprises of our country may gain a lot from CDM. The CDM will not only help our country to improve the climate, but also provide an unprecedented opportunity to attract foreign investment and accelerate the economy development. For a better utilization of CDM, enterprises should have a deep understanding of CDM in terms of law. Also we should improve the legal environment of the operation of CDM in order to attract more CDM projects to quicken the pace of the economy of our country.The dissertation is formed by three parts: the introduction, the text and the conclusion. In the first part, the introduction outlines the background, the present status quo and the significance of the research. The conclusion part summarizes the main opinion of this paper. The text comprised of five parts:Part one mainly analyzes the creation, development of CDM. Section one reviews the United Nations Framework Convention on Climate Change(UNFCCC) and KP. Section two introduces the characteristics of CDM. Section three explains the formation of CDM market and thus the value to China.Part two respectively analyzes the subjects of CDM trading. Differs from other trading, CDM project is observed by national legal system and international law, follow suit the permission requirements. Section two focus on several valuable legal issues which is of vital importance to Chinese enterprises.Part three explains the object of CDM. As for the better understanding of legal title of this kind of objects, there is a brief introduction of project procedures, procedures for the project implementation, monitoring and verification. Section two makes an accurate analyses of the qualification for the participants of a CDM project. Section three explains the structure and criterion of a project. Section four puts forward suggestions to China's enterprises.Part four analyzes concretely the ERPA, the contract of CDM, and deal with the detail of making the contract .In section two, as CDM project will encounter higher risks than that of conventional projects, measures should be taken to address the risks in order to make scientific and reliable investment decisions.Part five is divided into two sections. Section one analyzes objectively the legal defects of the CDM in China, including "the method of managing the CDM project", the legal environment for CDM projects and legal system response to the pressure of emission reduction of the GHG. Section two puts forward suggestions to overcoming these defects and perfecting the system in China.
Keywords/Search Tags:Kyoto Protocol, CDM, Emission Reduction, Risks, ERPA, Legal Environment
PDF Full Text Request
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