On The Legal Problem Of The Maritime Carbon Emission Trading

On the issue of global environmental governance,the carbon emission trading mechanism has been one of the most important international policy instruments.With the vigorous development of carbon emissions trading system,the corresponding legal norms have gradually improved.In recent years,it is proposed that the carbon emission trading mechanism should be established in shipping industry.However,there are only some general provisions in international legislation and some draft resolutions that some countries submitted to the International Maritime Organization.There is no mandatory global legal regulation that governs the maritime carbon trading.At present,there are some researches on general carbon emissions trading problems and the issue of maritime carbon reduction.There is little legal research on maritime carbon emission trading.There is a lack of theory and policy of maritime carbon emission trading system based on the particularity of shipping and ships.Shipping industry is different from the traditional industry.It is not appropriate when we regard countries as the subjects of maritime carbon emission trading.The characteristics of the ship,the relationship between the shipping enterprise and the countries,the liquidity of the ocean and ships play a decisive role on the researching of maritime carbon emission trading.Therefore,in the trend of establishing maritime carbon emission trading system,we should establish law for maritime.We should consider the proposition of the International Maritime Organization and some countries,explore the rational rules to define the "property rights" of the field of maritime carbon emission based on the the characteristics of shipping.It is the purpose and significance of this paper to boost the economic development and protect the marine environment.The first chapter of this paper mainly introduces the international law basis of maritime carbon emissions trading.This chapter focuses on the legal provisions of carbon emission trading in UNFCCC,Kyoto Protocol,the law of some countries,Annex VI of MARPOL73/78 Convention Provisions,documents of International Maritime Organization and the carbon emission trading disputes in European Union.The second chapter introduces the predicament between shipping carbon emissions trading and traditional carbon trading.This chapter points out that,it is difficult to apply the principle of "common but differentiated responsibility" in maritime carbon emission trading.And then,this chapter focus on the specific performance of the legal dilemma,that is,it is difficult to identify the person who is responsible for the shipping carbon pollution.What's more,the total amount of shipping emissions is difficult to determine.In addition,there is a problem of the convenience flag ship and the shipping carbon emissions area is not fixed.The third chapter based on the Coase Theorem in Law and Economics.It focuses on using Coase theorem to solve the problem of the initial entitlement of shipping carbon emissions trading.In consideration of the nature of ships,based on the particularity of ships,it is concluded that the initial right should be defined to the enterprise.The maritime pollution is different from traditional tort.It is difficult to find out the responsibility of the shipping carbon emission pollution.By comparing the differences in the transaction costs incurred by the business and the state in the course of the transaction,it is concluded that the property rights should be defined to the enterprise.Because of the uncertainty of the navigation area of the ship,it is more appropriate to define the property rights to the emission subject.By defining the similarities and differences between the property rights and the emission subject by using for reference of the sulfur and nitrogen emission control zones,the property rights should be defined to the emission subject.In terms of the nationality of the ship,taking into account the influence of "common but differentiated liability" and Coase second theorem,the property rights should be defined to the ship's actual controller.The fourth chapter focuses on the legal implementation of shipping carbon emissions trading from four aspects.First of all,it puts forward the legalization of the carbon emission right incentive mechanism.Through the analysis and discussion of the initial right allocation in the third chapter,finding out the difficulties that we use Coase first theorem and Coase second theorem can not handle.From the perspective of navigational zoning,the coastal countries may,through legislative means,regulate the legitimate rights and interests of coastal countries in the form of evidence and other forms when they there waters are polluted.And then introduce the concrete manifestation of property rights incentive measures.In addition,the paper puts forward the "collective action" theory to construct the legal implementation system of shipping carbon emissions trading.It is possible to reduce the legislative and judicial resources to a certain extent by proposing a legal mechanism for the violation of the shipping carbon trading system,distinguishing between general disputes and special disputes,and adopting different legal measures to different disputes.Finally,it is proposed to establish a shipping carbon fund system in shipping carbon emissions trading,in order to provide legal assistance for maritime carbon emission trading system.