| Shipping as an important means of transportation has been widely used in various countries. However, due to the interests of the maritime trading, the ship owners always use cheap fuel which containing high carbon and sulfur, so that maritime greenhouse gas emissions have been increasingly prominent and highly concerned by international organizations. Meanwhile, "common but differentiated responsibilities" (CBDR) principle has not yet been put into practice in this area, so developed countries and less developed countries was unable to reach a consensus which become the obstacle to GHG reduction work in shipping area.Based on domestic and foreign references, this research places CBDR at the core and uses historical analysis and logical system analysis methods to discuss the features and historical development of CBDR. Conclusions are as follows:CBDR should be applied in GHG reduction in shipping area and should be the guideline in building the institution of the GHG reduction from shipping. In addition, the paper also provides legal suggestions for China to deal with international GHG reduction from shipping.Chapter 1 "Introduction", clarify the research background, issues and significance of research and literature review. Argument, outline and innovation point also be pointed out in Chapter 1.Chapter 2 "Overview of the GHG Reduction from Shipping", clasify the particularities of GHG reduction from shipping, which include uncertainty of registry, uncertainty of GHG emission’s capacity and dual attributes of the nation.International legal institutions concerning GHG reduction from shipping were reviewed in this chapter as well.Chapter 3 "Reasonable Study in Following the CBDR Principle in GHG Reduction from Shipping", analysis the history, definition, elements and limitation of CBDR and classify the jurisprudential foundation in following the CBDR Principle in GHG reduction from shipping. Thoughts of resolution route about flag of convenience also are put forward in this chapter.Chapter 4 "Construction of the Institution of the GHG Reduction from Shipping followed by CBDR", classify how to build, perfect the institution in GHG reduction and how to reflect CBDR in the technological measures, operational measures and market-based measures respectively. In the reason that the technological and operational measures have entered the implementation stage, so protection of "grace period" and strengthen technical cooperation is the way to reflect this principle. Market-based measure is the key of this chapter, which involves levy carbon tax to build a fund for GHG reduction from shipping, Maritime Emission Trading Scheme, Rebate Mechanism and Clean Development Mechanism. In order to implement CBDR, different measures were used in different methods. Firstly, "grace period" and fund investment to non-Annex I countries should be used in carbon tax field. Secondly, distribution of free quotas and stepwise measures should be put in maritime Emission Trading Scheme. Thirdly, Rebate Mechanism and Clean Development Mechanism are built to perform CBDR.Chapter 5 "The Influences of the International GHG Reduction from Shipping and Legal Suggestions to China", classify the influences of internatioanl GHG reduction from shipping to Chinese shipbuilding industry, Chinese shipping industry and Chinese economy seperately. Then, Chinese legislative basis in GHG reduction from shipping area is overviewed in Chapter 5. Moreover, legal suggestions for China to deal with the international GHG reduction from shipping is put forward in this chapter.CBDR and various GHG reduction measures in shipping area are combined in this paper. Other than simply talking about the inevitability theoretically, this research focuses on the practical operation of CBDR in particular institution of GHG reduction from shipping area that is rare in domestic papers. However, the ideas in this research are not mature enough which still need practice to verify. |
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