On The Clean Development Mechanism Under The Framework Of International Law Apply In China

The Global Warming is increasing worldwide, people in the world are aware of the need to control emissions of greenhouse gases.For this, the World Meteorological Organization and the United Nations Environment Programme (UNEP) jointly established the Intergovernmental Panel on Climate change specifically Committee, and actively promote the introduction of global environmental conventions. Enacted in1992, the United Nations Convention on Climate Change, UNFCCC, have made an overall framework for global greenhouse gas emission reductions. Afer the UNFCCC, the Kyoto Protocol in1997determined the more specific provisions to develope specific carbon emission reduction and mandate. In the "Kyoto Protocol",it provides three kinds of carbon emission reduction mechanisms, the, Clean Development Mechanism,CDM, the only mechanism between developed and developing countries’ carbon emission reduction exchanges and cooperation, is undoubtedly of great significance and influence. CDM projects in China in full swing, with its significance for China, the paper is under the framework of international law specific analysis and try to find out a way for china’s CDM development.The main body of this paper is divided into four parts, namely, the basic theory of the CDM, the risk prevention and control of the international Clean Development Mechanism, the use of domestic CDM projects implemented, on the improvement of the legal regulation of the China Clean Development Mechanism.The first part is the basic theory of CDM, on the analysis of the background of the clean development mechanism, it further reveal the main content and the operation of the clean development mechanism, pointing out that its implementation has great significance in China. This part relates to the United Nations Framework Convention on Climate Change, aspects of emissions trading, CDM trading standards, trading object and subject.The second part introduces the foreign practical experience of the Clean Development Mechanism, analyse the reality of operational risk of CDM and the CDM’s developing prospects during the post-Kyoto era. In the part of Foreign CDM development, the author excerpts the developed and developing countries’ CDM development status, gets its summary, in order to learn the experience of China’s CDM development, at the same time,he proposes the problems of CDM transactions in real operation and pointed out that the prospects for the development of CDM projects in the post-Kyoto era, to establish the future direction of the CDM project.The third part is the concrete application of the Clean Development Mechanism in China. That part firstly pointed out the current situation with the plight of the use of the Clean Development Mechanism in China. Also, on China’s current CDM legal regulation case,it explained a specific interpretation of Measures for operation and management of clean development mechanism project, and pointed out the defects on the CDM-related legal regulatory system in China. In research of the specific procedures operations for CDM projects, it concrete analysed China’s current problems in the development of CDM projects in the macro and micro levels.The fourth part is for the domestic and international legal issues in China, and make recommendations for improving the China CDM legal regulation. Mainly from two aspects of the legal regulation of the international and domestic environments under research, it pointed out that in the context of the post-Kyoto era, as well as domestic clean development mechanism (CDM) developing environment, how should China hold the use of CDM legal regulation.