Download Low-carbon Economic Legislation of Developed Countries and the

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
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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
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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
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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
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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)
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