| Climate has cultivated and influenced the progress of human civilization development, and the development of human civilization has also become the important factor affecting the climate. Since the ear of Industrial Civilization, the increasing concentration of greenhouse gases in the air caused by the large amount consumption of energies and resources by developed countries in the process of industrialization, which has brought serious impact on the ecological system. The issue of climate change has been transcending the status of an environmental issue. It has become a major internationally strategic issue and in close connection with international political, economic and diplomatic benefits as well as national security. Many countries are taking measures to fight climate change, in order to strive for the future development dominance. Carbon emission trading system has succeeded in helping mankind to promote carbon reduction with providing a cost-effective mechanism, and thus has been implemented all over the word. China also should establish a domestic carbon emission trading legal system as soon as possible.The issue of climate change is common concern of human being; it can only be solved through cooperation by all human beings. Combating climate change appeals for international cooperation, and the concerted efforts made by the international community is the necessary choice for human beings to meet the challenge of climate change. The international law on climate protection is the legal guarantee for fighting climate change by the international community. United Nations Framework Convention on Climate Change (FCCC) is the most important legal achievement made by international community for the purpose of protecting global climate system and addressing climate change. This dissertation mainly makes a study on FCCC and other international legal documents derived from FCCC. However, there have also been some disadvantages in international law on climate protection in Kyoto times, such as the low level of standard for the overall goal, including national goal, of total amount reduction of greenhouse gases emission, the non-flexible implementation mechanism and the ineffective fund and technology mechanism, which have resulted in most Annex I countries’failure of fulfilling the targets of emission reduction. The withdrawal of U.S-the No.l emitter of greenhouse gas, has significantly affected the effects of international legal system on climate protection in the Kyoto protocol times.China is a developing country in the phase of accelerating economic development and faced with multiple pressures of the tasks of eliminating poverty, developing economy and reducing greenhouse gases emission. Survival and development is the most important issue faced by china. In the long future, china’s economy will remain the rapid speed of growth, so the energy demand will inevitably increase, which will contribute to the large amount of actual greenhouse gases emission as well as the potential to increase. At present, the appeal for China to undertake quantitative responsibility for emission reduction in post-Kyoto times, uttered not only by developed countries but also by developing countries, has been more and more imminent. As a result, China has been bearing increasingly heavier pressure, and the current situation is extremely severe.While bring tremendous challenges to china, the issue of global climate change has also brought along with it new development opportunities. In fact, to fight climate change and solve the problem of energy and environment is the demand for China’s self development; it is also the demand for China to realize all-round, harmonious and sustainable development. On the basis of comparative analysis on laws and policies for addressing climate change formulated by EU, U.S., Australia, we can propose the idea for China to establish carbon emission trading legal system. |
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