Legal Mechanism Research Of Indigenous Forest Carbon Right Under REDD

REDD is the important measure to combat climate change in the international communities.Carbon right in the process of implementing REDD projects is the property rights as well as thebehavior of human rights. The protection of indigenous carbon right concerns indigenous people’slivelihood, more important involves the realization of dealing with global climate change.Uncertainty of Carbon right body, the lack of rights legislation, imperfect of international carbonright rules, the uncertainty of the land tenure, all of them become the barrier for indigenouspeoples to enjoy the benefit brought by carbon right. How to protect the interests of the indigenousforest carbon rights and how to effectively realize the sustainable development of REDD projectsis urgently needed to solve in the process of REDD development. This article reviews carbon rightabout foreign legislation as well as native legislation,REDD projects practice and CleanDevelopment Mechanism projects in China, using comparative analysis and come to followingconclusions：from the protection body of forest carbon right,what should be identified is who is the bodyamong indigenous people,forest community and REDD developer.from the improvement ofinsititution,international communities needs to improve international forest carbon creditmechanism,government needs to improve domestic forest carbon right mechanism as well as landownership mechanism of local communites.From the perspective of procedure,what should bedone is guarantee the full participation of local communities in the entire implement of REDDproject.