Research On The Legal Problem Of The International Carbon Emission Trading

With the development of modern industrial civilization, the global environmental problems become increasingly serious. In order to deal with environmental problems, more and more countries seek for economic stimulations to improve the world environment quality. According to the Kyoto Protocol and The United Nations Framework Convention on Climate Change, Carbon Emissions Trading is introduced to the area of solving Environmental issues. Carbon emission trading stems from the flexible compliance mechanisms of Kyoto Protocol’s. The Flexible compliance mechanisms are in order to help the Annex I Parties to achieve their emission reduction targets of Climate set. As Clean Development Mechanism for example, the mechanism is designed to help non-Annex I Parties in achieving sustainable development and promote Annex I Parties to achieve emission reduction commitments. So, the developed countries can achieve the emission reduction commitments at a lower cost. On the other hand the developing countries can get funds and technology from the transaction, and achieve sustainable development. Therefore, the carbon emissions’trading is a win-win institutional arrangement. As these reasons, the mechanism’s potential enormous opportunities and potential for development are known by more and more countries and entities. In recent years, international carbon emissions trading market is developing rapidly. Different forms of carbon emissions trading market and the system are gradually emerging in many countries and regions. The scale of carbon emissions trading is becoming larger and larger. However, the legal problems of the international carbon emissions trading are more and more. These problems mainly due to immaturity of international carbon emissions trading market, even carbon emissions trading entities are not familiar with the relevant legal rules and neglect the law risk. For our country, many domestic entities are poorly understood on the CDM. They aren’t familiar with the international rules. These cause we are in a passive and an unfavorable position within the international carbon emissions trading market. Recent years, carbon emissions’trading has become a hot topic of theoretical research. Clean Development Mechanism means a great opportunity for China. The Clean Development Mechanism means that the Annex I Parties invest reduction projects in non-Annex I Parties through providing funds and technology. And they do not necessary fulfill their obligations. The research on the legal problems of the international carbon emission trading is valuable. Especially for China’s carbon emissions trading which at the initial stage of carbon emissions trading. And it’s more practical significant for guiding the establishment of the legal system of China’s carbon trading.In addition to the introduction and conclusion, main content of this paper is divided into five parts.Part1:The legal basis of the carbon emission trading. The legal nature of the carbon emissions trading and legal relations on the basis of the theoretical is introduced.Part2:Legal origins and limitations of the international carbon emissions trading. Not only legal origins and limitations of the international carbon emissions trading is important, but also it’s the basis of study other relevant legal problems.Part3:The research on emission trading contract. This part is mainly to analyze the legal problems of emission trading contract, such as the type and content of the agreement, the transaction price, and dispute resolution and so on from the perspective of "CDM".Part4:The legal risk and legal responsibility in the international carbon emissions trading. In this part, the legal risk that both parts may be encountered and legal responsibility in the international carbon emissions trading are analyzed in details.Part5:The suggestions for China’s CDM. Through analyzing the current development of China’s CDM project, provide proposal on legal issues that may be encountered in China’s CDM.Part6:Base on the condition of our country and the international experience of carbon emission trading, provide proposal on building China’s carbon emissions trading legal system.