* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Download Low-carbon Economic Legislation of Developed Countries and the
Survey
Document related concepts
100% renewable energy wikipedia , lookup
Economics of climate change mitigation wikipedia , lookup
Climate change and poverty wikipedia , lookup
Citizens' Climate Lobby wikipedia , lookup
Climate change mitigation wikipedia , lookup
German Climate Action Plan 2050 wikipedia , lookup
IPCC Fourth Assessment Report wikipedia , lookup
Energiewende in Germany wikipedia , lookup
Years of Living Dangerously wikipedia , lookup
Carbon Pollution Reduction Scheme wikipedia , lookup
Politics of global warming wikipedia , lookup
Mitigation of global warming in Australia wikipedia , lookup
Transcript
Low-carbon Economic Legislation of Developed Countries and the Enlightenment to Our Country LI Meixiang School of Law, Shandong University of Technology, China, 255049 [email protected] Abstract: In the context of international climate change and its related problems, the development of low-carbon economy has been gaining the increasing attention by the international community. The development of low-carbon economy depends on the advancement of legislation. Although China's low-carbon legislation has made some progress, there are definite weaknesses. We should absorb and benefit from the optimal effects of developed countries’ low-carbon economy legislation. And through speeding up the legislative work, by the implementation of the law, and by enhancing civil law-abiding behavior, all those will help promote the effective development of China’s low-carbon economy. Keywords: low-carbon economy, sustainable development, legal system building 1. Introduction Low-carbon economy has become one of the most popular words now. In the government work report 2010, Premier WEN Jiabao stated clearly that china will endeavor to build an industrial system and consumption pattern with the characteristic of low carbon emissions. However, China's low-carbon economy is at the beginning stage and the relevant laws and regulations are not perfect. The scholars have mainly focused on the study of low-carbon economic policy and have rarely addressed the low-carbon legislation. The United Kingdom and the United States and other developed countries have adopted a clear strategic goals, improved the legal framework and other measures to establish a relatively complete legal system of low-carbon economy. Therefore, it is particularly essential to improve the legislation and supporting regulations to guide and encourage the development of low-carbon economy by learning from foreign experience. 2. Legal Measures to Develop Low-carbon Economy in Developed Countries 2.1 The United Kingdom As the first country to propose "low-carbon economy" in the world, the United Kingdom attaches great importance to the legislation of low-carbon economy. In 2003, the United Kingdom government released the Energy White Paper 2003: Our Energy Future - Creating a Low Carbon Economy. In this report, the concept of "low-carbon economy" was proposed for the first time. [1]In October 2006, British Government issued the Economics of Climate Change: the Stern Review and made a quantitative assessment to the economic impact of global warming.[2] In March 2008, Britain promulgated Climate Change Bill, which makes UK the first country to establish a long-term legally binding in order to reduce greenhouse gas emissions and adapt to climate changes. On the July 15, 2009, the United Kingdom issued the UK Low-Carbon Transition Plan and the UK Renewable Energy Strategy. UK became the first country to set up carbon management plan within the framework of the government budget. At the same time, the matching program was issued such as the UK Low Carbon Industrial Strategy" and the "Low-Carbon transport Strategy. 2.2 Japan Japanese government attaches great importance to low-carbon economy. In the construction of the low-carbon society law system, Japan has established an legal system of energy which guides by the basic law of energy and includes the coal legislation, the oil legislation, the natural gas legislation, the 287 power legislation, the new energy legislation, the nuclear legislation. The energy legal system formed a pyramid. In May 2008 and June, the Japanese Diet passed the amendments of the Energy Conservation Law, the amendments of Act on Promotion of Global Warming Countermeasures and the R&D Capacity Strengthening Law. In October 2008, Japan formally decided to try the domestic emissions trading system. The METI decided to revise Alternative Energy Act. Because of perfect legislation and strict enforcement, Japan has become the world's highest energy efficiency. 2.3 The United States On July 11, 2007, the U.S. Senate proposed the Low Carbon Economy Act. It means that low-carbon development path becomes an important strategic choice in the future. On February 15, 2009, the United States issued the American Recovery and Reinvestment Act. Its total investment reached 787 billion U.S. dollars. Its important content is the development of new energy which includes the development of highly efficient battery, smart power grids, carbon capture and storage, renewable energy such as wind and solar energy. On March 31, 2009, the Carbon Dioxide Information Analysis Center presented the American Clean Energy and Security Act of 2009.This act constitutes a low-carbon economy legal framework of the United States. On June 28, 2009, the U.S. House of Representatives passed the American Clean Energy and Security Act. This was the first U.S program to respond to the climate change, which not only set a timetable for U.S. to reduce greenhouse gas emissions, but also designed emissions trading. It tries market means to achieve the emission reduction targets with minimum cost. 2.4 The European Union The European Union has developed a series of low-carbon economy laws and policies by balancing and coordinating its Member States. In March 2006, the EU issued the Green Paper: an European Strategy for Sustainable, Competitive and Secure Energy. On October 19, 2006 it announced the Energy efficiency: The EU's action plan. In January 2007, the Council of Europe issued Energy and Climate Change Package which underlines energy efficiency as a priority. On January 23, 2008, the EU’s energy and climate change package was announced and five legislative proposals were put forward which included the EU Carbon Emission Trading Scheme Amending Directive, Carbon Capture and Storage (CCS) Directive, Renewable Energy Directive and so on so as to achieve the ambitious plan to cut its greenhouse gas emissions by 20% by 2020 based on the 1990’s emissions. 2.5 The United Nations The United Nations has taken some measures to develop low-carbon economy. The United Nations Framework Convention on Climate Change and the Kyoto Protocol are two legally binding international conventions in order to respond to global climate change and reduce carbon emissions at present. In recent years, the international community has explored the reduction of carbon emissions under the framework of the Conventions, of which the most striking is the Clean Development Mechanism (the CDM) and the Carbon Taxes. From these laws to protect and promote the development of low-carbon economy in developed countries, there are four main aspects to be learned: 1st, establishing the strategic goal of low-carbon economy and taking the low carbon economic development as its primary strategic choice. For example, the United Kingdom government released the Energy White Paper 2003: Our Energy Future - Creating a Low Carbon Economy, the U.S. Senate proposed the Low Carbon Economy Act, etc. 2nd, putting focus on the use of legal means to transform the traditional high-carbon industries and the low carbon technology innovation. Such as the U.S. Senate issued the American Clean Energy and Security Act and the Energy Policy Act and the Japanese Diet passed the Energy Conservation Law and the Act on Promotion of Global Warming Countermeasures. 3rd, paying attention to micro-legislation. Japan issued the Green Purchasing Law and the Home Appliance Recycling Law. 4th, enabling companies to reduce their carbon dioxide (CO2) emissions through the application of market mechanisms and economic leverage. Such as the United Kingdom, the United States, Japan and other countries use the emissions trading 288 system and Britain, Germany and other countries use the carbon tax policy. 3. China's Legal Evolution of Low-carbon Economy It is important to develop low-carbon economy in China. As coal is in a larger proportion in the energy consumption structure, the growth rate of China's carbon dioxide emissions has been the highest in the world. China's carbon dioxide emissions will surpass that of the United States, ranking first in the world. In terms of carbon dioxide emissions, China is likely to surpass the United States in 2030.[3] This situation is the manifestation of economic growth by "high input, high consumption and high emissions". Meanwhile, China is the fastest growing economies in the world, and its GDP ranking over Germany ranked 3rd in the world. China is becoming increasingly important in world economic development and the growing problem of environment and resources has increasingly gained international attention. In this context, strengthening the development of low-carbon economic legislation and taking the road of sustainable development are very necessary to transform the economic growth model and to improve the environment. China has made significant legislative achievements in the areas of development and utilization of low-carbon economy. In 2007, under the requirement of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, China formulated the China's National Climate Change Programme that based on the China's National Climate Change Strategy. Thus China is to be the first developing country in the world which formulates the National Climate Change Programme. On June 29, 2002, China passed the Cleaner Production Promotion Law of the People's Republic of China (come into force since January 1, 2003). By making detailed provisions of cleaner production and implementation, this law will help to promote clean production, improve resource use efficiency, reduce and prevent pollutants. On January 1, 2009, the PRC Circular Economy Promotion Law came into force. This law recognizes circular economy and maintains its position in the economic life. The Renewable Energy Law was revised on December 26, 2009, and came into force on April 1 this year, which will greatly promote the development of renewable energy in China. View from the Environmental Protection, China has promulgated the Environmental Protection Law early in 1989. In order to respond to climate change and promote carbon emissions, China has successively enacted and amended the Energy Conservation Law, the Forest Law and Grassland Law. In addition, in order to mitigate climate change, China has actively instituted and implemented a series of binding targets such as the Energy-Saving Long-Term Planning, the Long-Term Renewable Energy Development Plan and the Long-Term Nuclear Power Development Plan. This shows that the Chinese government attaches great importance to climate change, energy security and low-carbon development. And it created favorable legal and policy environments to achieve low-carbon development in China. However, we should also see that our legal system of low-carbon economic development is still in a weakened state. 1st, the legislative system is not perfect. The energy laws in China are relatively fragmented. The Renewable Energy Law, the "Electricity Law and the Energy Conservation Law are narrow in coverage and less systematic and comprehensive. In the area of oil, natural gas, nuclear energy, law is still in vacant state. And China is also lack of the laws in the areas of energy and utilities. These will cause field of energy and environment coordination less comprehensive. 2nd, as the existing legislation is not detailed enough and lack of adequate operability, and the supporting laws and regulations are delayed, China's current environmental law enforcement (including the area of energy) is ineffective and the environmental conditions can not be fundamentally improved. 3rd, the implementation of laws and regulations includes tax incentives and subsidies and other incentives in order to encourage the public and the business to the low-carbon behavior. But the laws do not provide detailed incentives and refined procedures that leads the laws can not have widespread impact in reality. 4. To Perfect the Legal System of Low-carbon Economy in China 289 The law system construction of low-carbon economy is a systematic project and includes all aspects of social life. It is essential to perfect the low-carbon economic law by learning from foreign advanced legislation and basing on the conditions of our country. 4.1 To speed up the legislative work 4.1.1 To change legislative Concepts The Chinese Academy of Sciences has released its China Sustainable Development Strategy Report 2009 in which it sets objectives for China’s low-carbon economy development and builds long term mechanisms for low-carbon development. [4]In light of the enthusiasm in many places to develop low carbon economy, and given the diversity of goals and patterns of low carbon economy, the relevant guidance should be issued, the legislative purpose of the guide for the macro, standard low-carbon economy content, pattern, direction and development of evaluation index system; foreign development experiences and lessons can be used to promote orderly and healthy development of low-carbon economy. Limited planning of national-level development can be done; experimental work of low-carbon economy can be carried forward in typical regions, cities and key sectors. 4.1.2 To speed up the Energy Law formulation At present, China's energy legislation mainly adjusts certain fields of energy, and also lacks the Energy Basic Law which can fully reflect comprehensive energy strategy and policy orientation and can make overall adjustment of energy relations and activities, and the relevant laws and regulations are not in coordination, and the strengthen energy security laws and regulations of international cooperation are still imperfect, can not fully meet the needs of energy management system and operational mechanism. Therefore, the State Council launched the drafting of the energy law in 2005. The draft of energy law was sent to the State Department in 2008. By 2010, the latest revised draft is submitted to the inter-departmental working group to discuss, after being revised again, a second opinion is intended to be widely sought. Once introduced, Energy Law would help ensure national energy security and economic security, promoting energy conservation and environmental protection, optimizing energy structure and the promotion of economic growth pattern, and promoting energy management system and standardizing government behavior. It would determine the energy market access and competition rules, optimizing the investment structure, and will also promote the innovation and revolution of energy technology. 4.1.3 To develop and perfect the relevant laws and regulations Based on the nature of the various types of products, laws and regulations could be developed, such as Green Purchasing Law, Home Appliances Recycling Law. Mandatory energy efficiency standards should be set for high energy-consuming products, strict restrictions for market access should be placed to the products which do not meet the environmental standards; the total regional GHG emissions cap should be determined, emission entities should be listed, quota quantities should be allocated to each department or business in the relevant commitment period. These measures will be internalized market transactions in the resources and environmental costs of product, and seriously polluted industries with high carbon emissions should be strictly limited. 4.1.4 The implementation of fiscal policies and the establishment of incentives. Through the introduction of carbon tax, establishment of a carbon financial market, and giving subsidies to producers and economic behaviors that are conducive to low-carbon economic development, implementing tax incentives and other methods for low-carbon economic development to guide the heavy industry to reduce carbon emission. Carbon dioxide emissions could be greatly reduced, energy efficiency and industrial competitiveness could be increased, and more power could be given to allow companies to achieve a low carbon industry. 4.2 To strengthen the implementation of the law While speeding up the low carbon economy legislation, attention must be paid to implementation of the 290 law. China's enactment of the law has always been more concerned, but concerns about the degree of implementation of the law are not enough, making a number of legal names only, but have little effect on the real life. To environmental protection, for example, although the country has had a reasonable environmental protection legislation, because of inadequate investment environment, barriers of law enforcement agencies in the management system, and low amount of law enforcement penalty of environmental protection provisions, the lack of social mobilization, significant environmental event repeatedly occur. In the development of low-carbon economy, we must absorb the lessons from enforcement of environmental protection law, focusing on implementation of the law. Through planning and other means, local governments should develop and improve low-carbon economic development planning as soon as possible, take comprehensive incentive and restrictive measures, to guide, support enterprises in the field of active investment in low carbon economy, strengthening the supervision and inspection, improving access system, resolutely eliminating backward companies and technology to maintain the authority of law. 4.3 To raise the citizens’ law-abiding consciousness Effectiveness of legal systems depends on many factors; it has a profound inner relationship with law-abiding state. Efficient implementation of the legal system can not be realized without willing observance of the law, while the willing observance of the law takes the subjective and psychological consciousness as basis. Thus, the general observance of the law is high performance of the legal system, and it is also an important condition for efficient implementation. [5]Low-carbon economy is not only the government authorities’ job; it is related to the interests of every citizen and every business, it needs the broad participation of all stakeholders as well as the whole society. In the process of the development of low carbon economy, through extensive publicity, combined with policy incentives, citizen's conscious law-abiding awareness should be vigorously fostered, citizens’ universal beliefs of low-carbon law and should be formed and consciously observed, it is conducive to the formation of low-carbon consumer behavior and pattern. 5. Conclusion In short, accelerating the improvement of relevant laws to establish a perfect legal system in the field of low-carbon economy is essential to promoting low-carbon economy development. Our country should improve the legislation in various areas of low-carbon economy and strengthen the feasibility, the equity and the sustainability of law and enhance the citizen’s law-abiding awareness t. By so doing we can make remarkable advances in the development of China’s low-carbon economy. References [1]. UK Energy White Paper 2003: Our Energy Future - Creating a Low Carbon Economy. Feb, 2003[EB/OL] Http://www.berr.gov.uk/files/file10719.pdf [2]. Nicholas Stern. The Economics of Climate Change: The Stern Review Cambridge University Press, 2007:63-64 [3]. Energy Information Administration, International Energy Outlook 2006. June, 2006[EB/OL]. http://www.fypower.org/pdf/EIA_IntlEnergyOutlook(2006).pdf [4]. Sustainable Development Strategy Study Group, Chinese Academy of Sciences. China Sustainable Development Strategy Report 2009. March, 2009 [EB/OL]. http://www.world-governance.org/IMG/pdf_China_Sustainable_Development_Strategy_Report_20 09_WANG_Yi_chinese.pdf (in Chinese) [5]. Yang Suyun. On the Inherent Relationship between Legal System s Validity and Citizens Law abiding Consciousness. Journal of Jiangsu University, 200 (3):34(in Chinese) . . 291