Legal Issues In The Indigenous Forest Carbon Rights Under REDD

REDD is generally regarded as one important tools to combat climate change in theinternational communities. Carbon rights, that are created in the process of implementing REDDprojects, has been acted not only as the property rights but also as human rights. The protection ofindigenous carbon right concerns indigenous people s livelihood, more important involves therealization of dealing with global climate change. Uncertainty of Carbon right legal subject, thelack of legislation on carbon rights, imperfect of international carbon right rules, the uncertainty ofthe land tenure, all of them become the barriers for indigenous peoples to enjoy the benefitsbrought by carbon rights. Solving the problems by in the REDD projects development is necessary,such as how to protect the interests of the indigenous forest carbon rights and how to effectivelyrealize the sustainable development of REDD projects. After comparative analysis the legislationon the REDD among the international, national and local levels，this article focus on theindigenous people s carbon rights, we can get the lessons learned from case studies asfollowing：From the perspective of forest carbon right, indigenous people and forest community shouldbe identified as the legal subject. From the perspective of system improvement, internationalcommunity needs to improve international forest carbon credit mechanism, government needs toimprove domestic forest carbon right mechanism as well as land ownership mechanism of localcommunity. From the perspective of procedure, what should be done is that ensure the fullparticipation of local forest communities during the entire implement of REDD project.