The Study On The Legal System Of International Carbon Emissions Trading

With the development of the global economy, the negative impact of climate warming to humans has become increasingly prominent. How can neither impact on economic development but also to effectively mitigate climate warming? The International community launched an extensive exchanges and cooperation. After years study and practice, carbon emissions trading has been shown one of the most effective and lowest economic costs way to ease global warming. Therefore, before the opening of the second commitment period of Kyoto Protocol, it is necessary to study the legal system of international carbon emissions trading, which can not only clear our country in the direction of the international carbon emission reduction efforts, but also can promote the establishment of the Chinese carbon emissions trading system.This article first analysis the carbon emission rights, to face the existence of academic dispute about the carbon emission rights law property, author will define it a new type of usufructuary right. On this basis, defined the concept of International carbon emissions trading, in-depth analysis its classification legal property and legal theory. Second, analysis the International covenant on the carbon emissions trading, clarified the relevant provisions of international law and the relevant problems. Third, learn form the European Union and the United States, the two have representative role in the field of carbon emissions trading, in order to providing carbon emissions trading experience for China. Finally, to sort out the domestic policies and laws on carbon emissions trading, according to the existing problems in the theory and practice, to explore the building approach of carbon emissions trading under the framework of International law.