Research On The Legal System Of Forestry Carbon Sinks Trading

With the increasing global warming, the reduction of greenhouse gas effect causeextensive concerns of the countries all over the world.Forestry carbon sinks have the valuablefunction of absorbing and storing the carbon dioxide, reducing the greenhouse gasconcentration in the atmosphere, which possess unique advantages while dealing with climatechange.According to United Nations Framework Convention on Climate Change and KyotoProtocol, forestry carbon sinks has been recognized as the significant means for Global GreenHouse Gas Emissions.In the world, now forestry carbon sinks project have been carried out,which takes a great effect on the improvement ecological environment and brings the ownerof forestry carbon sinks large economic benefit.China, as major exporter of forestry carbonsinks commodity, going into research and making regulation on forestry carbon sinks tradingin law have a very important significance.The thesis is presented as five chapters on the research of the legal system of forestcarbon sinks trading.The Introduction expounds the origin, the research situation, the basic thinking ofresearch, main contents, the methodology of research and innovations of this paper.Chapter1, the concept, significance, and present situation of the legal system of forestrycarbon sinks trading. According to the logical order, the author progressively defines theorigin of carbon trading and its mechanism, forestry carbon sinks, the concept of forestrycarbon sinks trading, the legal system and characteristic of forestry carbon sinks trading andrelating terms. It is assumed in this thesis, by analyzing social attribute of forestry carbonsinks and the commercial uncertainty of its corresponding right, that the object of forestrycarbon sinks distinct from that of forest right－relying on the existence of forest, though, isthe forestry carbon sinks’ right of property.Through in-depth analysis of the connotation oflegal system of forestry carbon sinks trading, the author illustrates the significance to researchthe legal system of forestry carbon sinks trading from view of theory and practice, analysesthe current situation of the legal system of forest carbonry sinks trading, which serves as afoundation for further specific exposition of legal system of forestry carbon sinks.Chapter2, the theoretical basis of legal system of forestry carbon sinks trading. Byanalysis of the theories of public articles and externality, the mode of allocation of resources which regulate the ineffectiveness of market and government, the author reconsiders thetheoretical basis of legal system of forestry carbon sinks trading from the point of view ofeconomics. By analysis of the theories of ecosystem service function and scarcity ofenvironmental capacity, the author reconsiders the theoretical basis of legal system of forestrycarbon sinks trading from the point of view of ecology.By analysis of the theories ofenvironmental equity, of balance between environmental public interest and environmentalprivate interest, especially of carbon right of citizen, the author reconsiders the theoreticalbasis of legal system of forestry carbon sinks trading from the point of view of jurisprudence.Chapter3, the legal systems on property of forestry carbon sinks. The premise of forestrycarbon sink trading is the clarified definition of property. Then the thesis defines the forestrycarbon sinks property and gives a detailed analysis on the present condition of legal system offorestry carbon sinks in domestic. It indicates that there exist many problems on forestrycarbon sinks, including the indefinite property attribution, along with the unclear ownership,management and right to use, as well as imperfection of its transfer system, etc,. Accordingly,specific suggestions are given, in the end of this thesis, to deal with the existing deficienciesso as to promote the legal system of forestry carbon sinks property in our country.Chapter4, the legal systems for standardizing the forestry carbon sinks trading market.This part sets up the legal systems for standardizing the forestry carbon sink trading marketfrom three aspects. Firstly, the construction of China’s mode of forestry carbon sinks trading,learned from two modes of international forestry carbon sinks trading, is put forward.Secondly, this part does, in terms of trade’s elements of legal relationship, a particularresearch and analysis on subject of forestry carbon sinks. It is expected, by virtue ofinternational experience, to develop the subject of the forestry carbon sinks trading in Chinathrough introduction on voluntary and involuntary subjects of forestry carbon sinks trading ininternational market.Thirdly, this part supposes that price regulation is significant for forestrycarbon sink trading and its specific measures to apply. At last, the researches on the contractlaw of forestry carbon sinks trading are done. It arrives at conclusion that contract behavior inforestry carbon sinks trading may be regulated from the following respects, such as theapplicable proper law, validity, transfer, and breach liability in the contract of forestry carbonsinks trading.Chapter5, the legal systems for supervising the forestry carbon sinks trading. This partpostulates the legal systems for supervising the forestry carbon sinks trading from the perspective of financial and environmental supervision. It is indispensable for China to buildup financial legal systems for supervising forestry carbon sinks with purpose of improving itscompetitive power in international market. Two steps can be taken for achieving this goal.The primary task is to confirm the “Equator Principles” in supervising the financial market offorestry carbon sinks trading. Then the concrete legal systems for supervising financialmarket of the forestry carbon sinks trading should be established. The forestry carbon sinksand its trade are produced by law for coping with climate change with its original intention ofprotecting environment. Therefore, it is highly necessary to formulate the correlative legalsystems for environmental supervision for forestry carbon sinks trading. The negative effectsthat forestry carbon sinks trading give rise to environment is essentially demonstrated by itsdevastation on biodiversity. Due to this reason, this part proposes, from the point ofpromoting the balanced development between forestry carbon sinks trading and biodiversityconservation, to establish the legal system for supervising environment.