On Contract For Emission Trading

Emission trading contract is a special kind of civil contract, a new management tool for environmental protection in the mutual penetration context of public-private law. Emissions trading contracts contain certain features of traditional but outreach other traditional theories of civil contracts, such as the relativity of contracts, the autonomy of parties's will, real rights by law and so on. At present, our research on emission trading theory is still in process, and in the existing national environmental legislations or contract laws, there are no clear provisions about emissions trading. We can only find some fragmentary local rules which , of course, can not meet the requirements of the developing practices. Because of the problems and illegibility about the emissions trading contract in practice and in theory, it is necessary to probe into the emission trading contracts.At the outset, this article discusses the basic theory about emission rights and emission trading. Based on the analysis about the meanings, characteristics and the nature of emission trading, the author analyzes the scientific definition, characteristics and nature of emissions trading contracts. After that, the author analyzes major problems of emissions trading contracts in practice. In the end, the author suggests that measures should be taken to enact uniform legislation and to confirm the subject matter of emissions trading, and to standardize emissions trading contracts and to establish basic priciples on emission trading contracts. In addition, the author analyzes the structure of the legal relationship, the establishment and the entry into force of emissions trading contracts as well as default responsibilities and approaches to relief.