国际碳交易制度的法律问题研究
发布时间：2019-01-27 21:52
【摘要】：1992年“联合国环境与发展会议”上,清洁发展机制根本母法—《联合国气候变化框架公约》由155个国家签署。1997年,具有法律约束力的《京都议定书》在联合国气候变化框架公约第三届缔约国会议上获得通过；议定书的第十二条“确定一种清洁发展机制”。2001年,联合国气候变化框架公约第七届缔约国会议,通过了切实贯彻《京都议定书》建立的机制的一系列决定文件,这些文件被称为“马拉喀什文件”。依据以上的法律文件,碳交易得以开展。 国外,尤其是欧美等国,对于碳交易的研究比较深入,这也是为什么欧盟的排放权交易制度发展的如此迅速的原因；美国、澳洲作为“京都议定书”体系外的国家,其碳交易机制的建立也不能不得益于其对碳交易的理论研究。 但反观国内,虽然也有很多学者对这一问题进行了有益的探讨,但研究力量过于分散,缺乏统一的研究机构对其进行引导和管理,使得国内的研究成果并不是很丰富,这一系列问题造成了我国在国际碳交易的舞台上略显被动的局面。 本文主要分为三个部分。第一部分为第1章,是关于目前国际碳交易市场的概述。第二部分包括第2章和3章,通过分析几个重要的国际环境法原则,找出目前国际碳交易中存在诸多冲突的原因。第三部分为第4章,基于第二部分的分析,以“环境正义”的视角审视目前国际碳交易法律制度,并努力寻求国际碳交易制度的发展完善之道。
[Abstract]:At the 1992 United Nations Conference on Environment and Development, the underlying mother law of the clean development mechanism, the United Nations Framework Convention on Climate change, was signed by 155 countries. In 1997, The legally binding Kyoto Protocol was adopted at the third session of the Conference of the parties to the United Nations Framework Convention on Climate change; The seventh session of the Conference of the parties to the United Nations Framework Convention on Climate change, in 2001, adopted a series of decision documents for the effective implementation of the mechanisms established by the Kyoto Protocol, These documents are called the Marrakech document. According to the above legal documents, carbon trading can be carried out. Abroad, especially in Europe and the United States, the research on carbon trading is more in-depth, which is why the emission trading system of the European Union develops so rapidly. As a country outside Kyoto Protocol, the establishment of carbon trading mechanism in the United States and Australia can not help but benefit from its theoretical research on carbon trading. But on the other hand, although there are many scholars in China who have made some useful discussions on this issue, the research force is too scattered and the research institutions are lacking in the guidance and management of the research, which makes the domestic research results not very rich. This series of problems caused our country in the international carbon trading stage a little passive situation. This paper is divided into three parts. The first part is chapter 1, which is an overview of the current international carbon trading market. The second part includes chapter 2 and chapter 3, through the analysis of several important principles of international environmental law, to find out the current international carbon trading in the existence of many conflicts. The third part is the fourth chapter. Based on the analysis of the second part, the author examines the current international carbon trading legal system from the perspective of "environmental justice", and tries to find a way to improve the international carbon trading system.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996
本文编号：2416731
[Abstract]:At the 1992 United Nations Conference on Environment and Development, the underlying mother law of the clean development mechanism, the United Nations Framework Convention on Climate change, was signed by 155 countries. In 1997, The legally binding Kyoto Protocol was adopted at the third session of the Conference of the parties to the United Nations Framework Convention on Climate change; The seventh session of the Conference of the parties to the United Nations Framework Convention on Climate change, in 2001, adopted a series of decision documents for the effective implementation of the mechanisms established by the Kyoto Protocol, These documents are called the Marrakech document. According to the above legal documents, carbon trading can be carried out. Abroad, especially in Europe and the United States, the research on carbon trading is more in-depth, which is why the emission trading system of the European Union develops so rapidly. As a country outside Kyoto Protocol, the establishment of carbon trading mechanism in the United States and Australia can not help but benefit from its theoretical research on carbon trading. But on the other hand, although there are many scholars in China who have made some useful discussions on this issue, the research force is too scattered and the research institutions are lacking in the guidance and management of the research, which makes the domestic research results not very rich. This series of problems caused our country in the international carbon trading stage a little passive situation. This paper is divided into three parts. The first part is chapter 1, which is an overview of the current international carbon trading market. The second part includes chapter 2 and chapter 3, through the analysis of several important principles of international environmental law, to find out the current international carbon trading in the existence of many conflicts. The third part is the fourth chapter. Based on the analysis of the second part, the author examines the current international carbon trading legal system from the perspective of "environmental justice", and tries to find a way to improve the international carbon trading system.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996
【引证文献】
相关硕士学位论文 前1条
1 张志慧;欧盟航空碳排放交易指令的挑战及其对策[D];大连海事大学;2013年
，本文编号：2416731
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