The Research On Legal Issues Of EU Emissions Trading System

Nowadays, EU emissions trading system is the successful model of greenhouse gas emission reduction. The system was established when the global warning became more and more severe, and accomplished better results in a short period of six years. Because the carbon emissions trading of EU emissions trading system is different from past goods trade and services trade, the system may be in conflict with the current international trade regulation measures. Therefore, it is very necessary to research on legal issues of EU emissions trading system. The research makes great theoretical and practical sense, can provide good references for the establishment of Chinese carbon emissions trading market, and make the Chinese carbon emissions trading system comply with the related regulations of WTO in the course of operations.By unscrambling the legislation of EU emissions trading system and showing its structure in the round, the paper expounds EU emissions trading system systematically, discusses whether EU emissions trading system comply with the related regulations of WTO, and puts forward references that china could learn from.The first part is introduction. In this part, the paper expounds the background of EU emissions trading system and the potential conflicts with related regulations of WTO, and introduces the matters that this mainly discusses.The second part is the rule research of EU emissions trading system. In this part, firstly, the paper expounds the establishment of EU emissions trading system and expounds the system in the grander scheme; secondly, the paper researches on the legislation of EU emissions trading system in depth, pays special attentions to trading subjects, trading objects and kinds, trading period, sums and distributions of emissions quota, obeying of the system and punitive measures; at last, the paper sums up the related features of the system.The third part is the WTO validity inspection of EU emissions trading directive. By researching on the legal doctrines of the Antigua v. United States gambling services case and the EU banana case, focusing on article 25 of the emissions trading directive and taking the brokers service of US emissions rights as an example, the paper analyzes the validity of EU emissions trading system, mainly includes the consistency between EU emissions trading system and GATT1994,GATS, financial annex of GATS.The forth part is the references that china could learn from. Based on the above analyses, the paper sums up the achievements and shortcomings in the operation courses of EU emissions trading system, and puts forward two references that china could learn from.The fifth part is the conclusion of the paper. In this part, the paper sums up the contents of rule research and the WTO validity inspection of EU emissions trading system of this paper and concludes the main viewpoints of the author.