Research On Legal Regulation Of Global Aviation Carbon Emission And Carbon Offset

Global aviation carbon emissions and carbon offset regulation problem more and more prominent,although not specifically for international aviation environment legislation,but the aviation activities has the characteristics of wide scope of cross-domain,and aviation activities has become the important carrier of the economic development of all countries,to a certain extent,also contributed to the international aviation carbon emissions and offset regulation path of controversy has been waged.In order to protect the earth environment on which human society depends and truly achieve the goal of carbon emission reduction,countries around the world should shelve disputes and seek the basis for global aviation carbon emission reduction cooperation.The International Civil Aviation Organization has gradually established the plan of "market-based measures".At present,the international law on aviation carbon emission regulation has limited coverage and legal effect,and the principle of common but differentiated liability has some limitations in the implementation of divergence and the tendency of highlighting national interests.Due to the global aviation carbon area have extensiveness,in the Paris agreement "bottom-up" regulation of carbon emissions,for all the characteristics of the independent contribution does not apply to carbon emissions in the field of aviation,so in order to better deal with the global aviation carbon emissions,the international civil aviation organization adopted a "top-down" mode of regulation,essentially need to take the lead in the international civil aviation organization,Collects pay a carbon tax based on "the market" model,it not only with the Paris agreement of carbon reduction regulation mode is also different,and the Chicago convention article 15 the provisions on the scope of the air charge is also different,so as to make the global aviation carbon emissions and carbon offsets is facing a series of problems,So from the perspective of international law to explore the legal regulating of the global aviation carbon emissions and carbon offset is very necessary,this not only is advantageous to the regulation system for the global aviation carbon and carbon offset market mechanism construction consultation,as well as to induce combed the world according to the regulation of aviation emissions,based on the experience of the related,It is of positive significance to further promote the system construction of China’s aviation carbon emission regulation.This paper is mainly divided into four chapters.The first chapter mainly discusses the characteristics of global aviation carbon emissions and the international law basis of aviation carbon emission reduction and carbon offset regulation.No matter how unique the characteristics of aviation carbon emissions are,All countries in the world should abide by the framework principles of the United Nations Framework Convention on Climate Change(UNFCCC)and the Paris Agreement,which play the role of "climate charter" in environmental and climate reduction,especially the principle of common but differentiated responsibilities.The second chapter is about the aviation climate mitigation what are the specific differences discussed in this paper,a more typical is the differences between developed countries and developing countries,the differences between the international civil aviation organization members,the differences between Europe and the United States,through to the differences discussed to explore global air current offset carbon emissions and the regulation of path and the future of aviation carbon emissions,The third chapter is an analysis of the consensus reached in the field of aviation emission reduction.China has its own position on the regulation and offsetting of aviation carbon emission reduction currently reached internationally.We have consensus that we accept,and of course there is the so-called "consensus" unilaterally reached by European and American aviation powers that we cannot accept.The fourth chapter is our China’s response to the global aviation carbon emissions and carbon offset regulation problem of response and future on the way to go,no matter from the technical or legal systems and mechanisms should be a new game,our China in insisting on the principle of common but differentiated responsibility should be a positive response to the global aviation carbon emissions and carbon offsets the legal regulation of the problem,This is both a challenge and an opportunity for us.