国际应对气候变化资金机制法律问题研究
发布时间：2019-01-25 09:28
【摘要】：2015年通过的《巴黎协定》再次将气候变化问题带进了大众的视野。气候变化问题可归结为四大问题,而资金问题作为其他三个问题(即减缓、适应以及技术转让问题)得以解决的基础一直都是国际社会在应对气候变化领域始终面临的重点、难点问题。《巴黎协定》作为国际应对气候变化领域的第三个具有法律约束力的国际协定,它的生效为国际应对气候变化资金机制带来了新发展。国际社会将《巴黎协定》生效后的、新的国际气候合作时期称之为“后巴黎时代”。后巴黎时代国际应对气候变化资金机制呈现出何种发展趋势、又存在何种问题?中国在后巴黎时代应当如何利用国际应对气候变化资金机制,以求把握机遇的同时做好应对挑战的准备?论文以解决这两个问题为目的进行研究。《联合国气候变化框架公约》(以下简称《公约》)是国际社会为应对气候变化问题所达成的第一个法律文件,它是国际社会应对气候变化问题的国际法律基础。因此对于国际应对气候变化资金机制的研究应当在《公约》的框架性规定和原则的指导下进行。由于《巴黎协定》于2020年才开始生效,因此论文多采用历史分析法和比较法,在对《公约》下国际应对气候变化资金机制的法律界定及其运行遵循的基本原则进行研究的基础上,从资金的筹集、管理和使用三个方面出发对现行的国际应对气候变化资金机制的规则进行分析,并与《巴黎协定》的新规定进行对比,得出国际应对气候变化资金机制呈现出独立运行的发展趋势这一结论。中国作为《巴黎协定》的缔约方之一应当积极参与国际气候资金的治理、完善国内关于应对气候变化资金问题的相关法律规定。《巴黎协定》作为新的国际法律文件在学界的研究成果本身就不多,针对资金机制问题进行研究的就更在少数,这一现象尽管为论文的研究带来了一定的阻碍,但同时也是论文研究的必要性和创新性的所在。
[Abstract]:The Paris Accord, adopted in 2015, once again brought climate change into the public eye. The climate change issue can be summed up into four major issues, and the financing issue as the basis for addressing the other three issues, namely, mitigation, adaptation and technology transfer, has always been the focus of the international community in the area of combating climate change, As the third legally binding international agreement in the field of international response to climate change, the entry into force of the Paris Agreement has brought new development to the financing mechanism for international response to climate change. The international community has called the new period of international climate cooperation after the entry into force of the Paris Agreement the "post-Paris era." What is the trend of the post-Paris international financing mechanism for climate change, and what are the problems? In the post-Paris era, how should China make use of the international climate change financing mechanism in order to seize the opportunities and prepare for the challenges? The United Nations Framework Convention on Climate change (UNFCCC) is the first legal document reached by the international community to deal with climate change. It is the international legal basis for the international community to deal with climate change. Therefore, the study of the international financial mechanism for combating climate change should be guided by the framework and principles of the Convention. Since the Paris Agreement did not enter into force until 2020, historical analysis and comparative methods are often used in this paper. On the basis of a study of the legal definition of the international financial mechanism for climate change under the Convention and the basic principles to be followed in its operation, and on the basis of the mobilization of funds, The management and use of three aspects of the analysis of the rules of the current international financial mechanism to address climate change and their comparison with the new provisions of the Paris Accords, The conclusion is that the international financing mechanism for climate change is running independently. China, as one of the parties to the Paris Agreement, should actively participate in the governance of international climate funds, Perfect the relevant domestic legal provisions on the financing of climate change. As a new international legal document, the results of the research on the Paris Agreement in academic circles are not many, and the research on the financial mechanism is even more rare. Although this phenomenon has brought some obstacles to the research, it is also the necessity and innovation of the research.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996.9
[Abstract]:The Paris Accord, adopted in 2015, once again brought climate change into the public eye. The climate change issue can be summed up into four major issues, and the financing issue as the basis for addressing the other three issues, namely, mitigation, adaptation and technology transfer, has always been the focus of the international community in the area of combating climate change, As the third legally binding international agreement in the field of international response to climate change, the entry into force of the Paris Agreement has brought new development to the financing mechanism for international response to climate change. The international community has called the new period of international climate cooperation after the entry into force of the Paris Agreement the "post-Paris era." What is the trend of the post-Paris international financing mechanism for climate change, and what are the problems? In the post-Paris era, how should China make use of the international climate change financing mechanism in order to seize the opportunities and prepare for the challenges? The United Nations Framework Convention on Climate change (UNFCCC) is the first legal document reached by the international community to deal with climate change. It is the international legal basis for the international community to deal with climate change. Therefore, the study of the international financial mechanism for combating climate change should be guided by the framework and principles of the Convention. Since the Paris Agreement did not enter into force until 2020, historical analysis and comparative methods are often used in this paper. On the basis of a study of the legal definition of the international financial mechanism for climate change under the Convention and the basic principles to be followed in its operation, and on the basis of the mobilization of funds, The management and use of three aspects of the analysis of the rules of the current international financial mechanism to address climate change and their comparison with the new provisions of the Paris Accords, The conclusion is that the international financing mechanism for climate change is running independently. China, as one of the parties to the Paris Agreement, should actively participate in the governance of international climate funds, Perfect the relevant domestic legal provisions on the financing of climate change. As a new international legal document, the results of the research on the Paris Agreement in academic circles are not many, and the research on the financial mechanism is even more rare. Although this phenomenon has brought some obstacles to the research, it is also the necessity and innovation of the research.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996.9
【参考文献】
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1 吴喜梅;李静s，
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