| Carbon dioxide emissions are the most important contributor to global warming,and reducing greenhouse gas emissions and achieving a balance between emissions and environmental protection is a goal that all countries are striving to achieve,and carbon neutrality is one of the criteria for measuring whether a country has achieved environmental protection.In order to achieve carbon neutrality,there is a global trend towards the materialisation and commercialisation of carbon dioxide emissions,and this has led to the formation of inter-country and inter-regional carbon emissions trading systems.The nature and responsibilities of the trading centre,the most important part of the trading process,have not been clearly defined,which is the main reason why carbon trading is prone to disputes.The case of Microcarbon v.Guangzhou Carbon Trading Centre,cited in this article,was caused by the inadequacy of the legislation and the ambiguity of the trading rules set by the Centre.Therefore,a discussion of the nature of the carbon trading platform and its related elements from both theoretical and practical perspectives is relevant to analyse the current shortcomings of the carbon trading system and propose measures to improve it.The first part of this paper: the case introduction.The case of Microcarbon and the Carbon Trading Centre is briefly introduced,and the focus of the case is whether the Carbon Trading Centre should be held liable for damages.In order to explore this issue,the nature of the trading centre must be clarified in order to confirm its liability.Part Ⅱ: The legal nature of the Carbon Trading Centre and the determination of liability.This paper will explore the nature of carbon trading platforms in the light of the relevant doctrine and the existing laws and regulations governing carbon trading.It will also analyse the obligations and responsibilities of carbon trading platforms in the process of trading based on their attributes,taking into account case studies.Part Ⅲ: The existing deficiencies in the field of carbon emissions trading,mainly from the three perspectives of legislation,market and uniformity to discuss the problems in the construction of domestic carbon emissions trading platform,and clarify the importance of carbon emissions trading platform in its field,and propose that a legal system can be established with carbon emissions platform as the centre.Part Ⅳ: Implications of this case for the construction of a carbon emissions trading platform.This paper will suggest ways to improve the current shortcomings of the carbon emissions trading system,such as strengthening the status of the carbon emissions trading platform,improving the rules set by the platform and drawing on the emission permit system,so as to establish a legal system centred on the carbon emissions platform. |
