Improvement of China’s Climate Change law and policy under Paris Agreement

서지정보

· 발행기관 : 강원대학교 비교법학연구소
· 수록지 정보 : 강원법학 / 58권 / 681 ~ 727페이지
· 저자명 : 담해력, 김한택

초록

Global climate governance has gone through nearly 30 years, and the international community has gradually set up a legally binding system, which are mainly two landmark documents, the United Nations Framework Convention on Climate Change(UNFCCC) and the “Kyoto Protocol”. On November 4th, 2016, the groundbreaking Paris Agreement came into force which will serve as a guide to global climate change governance after 2020, and also a new challenges and opportunities to China.
The article begins with a systematic overview of the short history of Chinese climate governance, and then states the latest important achievements of the Paris Agreement, which mainly are changing the “Kyoto” model to “Paris” model. Moreover, based on these new regulations, China as a developing country, has played a key role to submitted China’s “independent contribution” to UN. In order to fulfill its obligations under the Paris Agreement, China also has formulated relevant policies and laws. However, the policies and legal system for climate governance in China is still not perfect and many shortcomings in the supporting mechanisms and guarantee mechanisms to fulfill its obligations under the Paris Agreement. Accordingly, some policies and legal suggestions are put forward. For instance, there must be a Law on Climate Change as a basic law, and then relevant policies and legislations should be improved for specific problems, and forming a more reasonable and perfect Policy and legal system to address climate change etc.
International climate governance is urgent now, and climate change has reached a very serious situation. It requires extensive and in-depth collaboration and active participation to each countries. Therefore, China as the largest developing country has spared no efforts on climate governance, and actively improve the relevant policies and laws contributing to international climate governance.

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