The Legal Research Of The Clean Development Mechanism In The Sustainable Development Concept

Climate change has been one of the most pressing problem globally now. Since the United Nations Conference on Environment and Development in Rio1992, the global climate negotiations have been made for many years hardly.The United Nations Framework Convention on Climate Change and the Kyoto Protocal have been the legal basis and the criteria for the climate negotiations.As one of three market-oriented mechanisms,the Clean Development Mechanism (CDM) was used for the developed countries to fulfill the committed greenhouse gas discharge reduction objective of Phase I. Since its implementation of CDM, it helped the developed countries to realize the objectives with low cost, and also provided developing countries with financial support and advansed technology.There are still problems existing of the CDM. Such as follows, CDM methodology was hardly applied for the shortage of its applicability and appeal for markets; the control of the CDM additionality was hard to define, carbon leakage was also caused by the CDM application, the selective deviation was brought about as economic interest persued excessively by the project participators and the additionality and the environmental integrity were ignored during the implementation. In order to get CDM functionally applied for the developed countries to reach the emission reduction with low cost, for the developing countries to obtain sustainable development, and to get a balance between economic interest and environmental interest, the principle of sustainable development must be sticked to, the CDM project management and its legal system building must be improved, the suitable additionality appraisal standard must be defined, the definitionn of the environmental integrity must be clarified and broadened, the proper project boundary must be determined, the public participating system and the environment impmact appraisl system musht be introduced, the judicial investigation for the CDM project activities must be applied strictly. CDM was supposed to be a temporary measures formed by Kyoto Protocal, and assumed to terminate by the end of Phase I. Much uncertainty exists for the future. It shows that it is necessary to carry on with CDM, as the EU speak highly of CDM, Cancun Conference and its relevant document pointed out the development requirement of CDM, and the executive council of CDM also pointed out the development of itself. So CDM should be improved under the guidance of sustainable development.