Research On Legal Issues Of Clean Development Mechanism In The Context Of Climate Change

CDM makes a great contribution to solving the deterioration of climate environment and its negative impact, and promotes the realization of sustainable development goals. As safeguards mechanism of CDM, legal system is very important. Affected by scientific understanding, political will, economic benefits and so on, the legal system of CDM has exposed many problems. These problems lead to uneven distribution of CDM projects, ineffective technology and funds transfer, ineffective administrative approval and obstruct the process of international negotiations. The economic crisis which has continued to spread since2008and the North-South contradictions which happen throughout the construction and development of CDM are major reasons of above-mentioned legal problems. Now CDM barely get the continuance with the accomplishment of Doha Climate Conference. But the legal system should be reformed, improved and strengthen the force, if CDM wants to get further development.As an important Parties and large developing country, China brings growing impact on the global environment with its own economic development. There are great possibilities that China will gradually be charged with mandatory emission reduction obligations for it is under increasing international pressure. Faced with the severe global climate change and the complex climate diplomacy, China should take corresponding responsibility and improve the legal system of CDM under the principle of fairness. On the other hand, it is very important to help China achieve the strategy of sustainable development and Industrial upgrade. As the world’s largest supplier of CDM projects now, China can protect the legitimate rights and interests of domestic enterprises and transform to a low-carbon model of economic development by improving the legal system.Paper is divided into five chapters. The first chapter is an introduction, and describes the purpose, significance, structure and innovation of the article briefly. It also summarizes research overview of domestic and foreign.The second chapter states the basic information of CDM, describes the origin and definition of CDM under the background of global climate change, comments the economic theory and the international law in line with historical evolution. The third chapter focuses on analyzing the legal problems during the operation of CDM, generalizes the performance and reasons of them. These problems are classified as problems of legal principles, lack of legal force and defect of institutional framework.The forth chapter are putting forward some suggestions on improving the legal system of CDM. Taking into account the existing legal defects of CDM and new changes of North-South contradictions, suggestions include promoting sustainable development become law principle, rational allocation of environmental responsibility, enhancing the force of law and reforming procedures of CDM.The fifth chapter discusses China’s attitude should be taken in the negotiation and the measures to improve the domestic market depending on the circumstances of domestic system and international economic and political trends.