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M & D FORUM Regulation on Carbon Emission Trading Pricing-to-Market: Based on the Comparison Between USA. and EU DONG Yan1, 2 1. School of Civil, Commercial and Economic Laws, China University of Political Science and Law, China, 100088 2. School of Humanities and Societies, University of Petroleum (East China), China, 257061 [email protected] Abstract: The regulations on carbon trading in USA and EU help states to master pricing-to-market both in domestic markets and international carbon markets, by means of carrying out legal collaborations of greenhouse gas trading and constructing the whole orders of domestic carbon trading markets. The consensus which developed countries have been reached in the course of price regulations of carbon trading include such aspects as legislative constructions of carbon trading market systems, effective supervisions on the basis of cost-and-benefit analyses, tool support of financial innovations and future establishments of global carbon trading markets. Keywords: Reduction of emissions, Carbon trading, Trade cost, Price regulation 1 Introduction In recent years, carbon trading has been valued by most countries to cope with the increasing serious climate change challenges. As an effective way to reduce carbon emissions, carbon trading can indirectly supply an incentive to guide carbon reductions by carbon prices which are fundamentally decided by carbon trading pricing-to-market. Moreover, carbon trading pricing-to-market is closely related to supervisions and regulations of carbon market. So USA and EU have successively regulated the carbon trading price by means of legislations and reforms of supervisions and regulations. The regulations can help states to master carbon pricing-to-market both in domestic markets and in international markets, while carrying out legal cooperation on GHG trading and constructing whole orders of domestic carbon trading markets, in order to improve capacities of taking part in carbon price negotiation, which may reflect values of carbon assets. Furthermore, price forming mechanisms can reflect real-time variations influenced by supply side and demand side in carbon markets, when carbon emission rights are regarded as the unusual property rights. On that account, launching the comparative research between USA and EU on the carbon trading forming price mechanisms and generalizing common experiences of carbon market reform practices, have important practical meanings for legal price regulation of carbon trading. 2 Legal Price Regulation of USA. Carbon Trading in Compliance of Non-Kyoto Reduction As the largest GHG emitter, America dropped out the Kyoto Protocol in 2001. The outstanding contribution is attributed to introduction of three Kyoto mechanisms to cope with environmental problems triggered by climate change. America has established domestic regional carbon trading market mechanisms in accordance with successful practices, in spite of absence of direct global GHG reduction participation promoted by compliance of Kyoto Protocol. 2.1 Total amount control is legal foundation of disposition of property of American carbon trading As the first systematic private platform about GHG reduction trading, Chicago Climate Exchange was set up in 2003. It is a blend of mandatory market and voluntary market. So-called “voluntary” refers to 197 M & D FORUM counterpart that such entities as states or enterprises assume the statutory liabilities in the Kyoto mechanism. Carbon trading can be classified into two sorts. One is JI and CDM which are both based on the projects, the other is IET on the basis of distributed quotas. Carbon emission rights can be transacted as intangible property after the verified procedures of strict registrations, supervisions and reduction certifications. In order to attract such stakeholders as enterprises, intermediary organs and financial organs to invest carbon markets, America’s government encourage the entity to transact in the on-site exchange by means of signing voluntary contracts. In view of social responsibilities and cultural brand, enterprises are bind to legal reduction of carbon emissions by concluding contracts with American Environment Protection Agency (EPA). EPA can have the legislative authorities of regulating carbon dioxide emission right, in accordance with Massachusetts v. EPA, 127 S. Ct. 1438 (2007) classic precedent decided by Supreme Court on April 2, 2007. [1]The authority that carbon dioxide is regarded as pollutants ruled by Clean Air Act justified the power of EPA regulations including impose total amount control on reductions requirements based on voluntary contracts. California’s Greenhouse Gas Solutions Act of 2006 (“Assembly Bill 32”) which will be enforced in 2012, is intended to reduce emissions to 1990 state levels by 2020 and employ a cap-and-trade approach. The Regional Greenhouse Gas Initiatives (“RGGI”) among 10 northeast states came into effect on January 1, 2009, aiming at limit GHG emission from power sector source. West Climate Initiatives (“WCI”) introduced by 7 west states in USA and 3 provinces in Canada in 2010, will be intended to establish a uniform carbon emission market with 1 billion carbon credits per year when completely implemented. When coming into effect in 2012, WCI can make the carbon market as the second largest market all over the world, which will be half of European Union Emission Trading System (“EU ETS”) in the same year. American Clean Energy and Security Act of 2009 (Assembly Bill 2454) passed by the House of Representatives on June 26, 2009, is intended to establish a uniform, high-efficient, transparent cap-and-trade system and reduce GHG emission step by step. The timetable is to reduce 3% in 2012, 17% in 2020, 42% in 2030, 83% in 2050, from the GHG emission level of 2005. Facilities responsible for about 85% of U.S. emissions are under the cap, including power plants, refineries, and industrial plants emitting at least 25,000 tons of carbon dioxide per year. Furthermore, not later than 1 year after the date of enactment of this title, the Administrator shall offer to enter into a contract with the National Academy of Sciences (in this section referred to as the “Academy”) under which the Academy shall, not later than July 1, 2014, and every 4 years thereafter, submit to Congress and the Administrator a report on GHG emission reduction. The scientific and reasonable cost and risk review is crucial for systematic designations of carbon trading markets, taking total amount control (or cited as “cap”) into consideration. 2.2 Original allocations of carbon emission rights are systematic premise of carbon trading efficiency Original allocations of carbon emission rights have two forms that one is free distribution, the other is auction. The former which can be called “grandfather distribution” distribute carbon emission credits to every entity on the basis of the enterprise’s historical emissions or corresponding verified data and if the historical data can not available, the current emissions can be deduced verified. The latter is intended that entities can purchase certain emission credits which constitute the enterprises the total intangible assets. [2]Marketing allowances can contribute to the reduction of carbon emissions. The profits are the sources of carbon trust applicable to promote and encourage carbon trading, but the negative effects include the cost of production will be enhanced and some superior enterprises may manipulate the carbon prices by means of their own market monopoly status. The setbacks of free distribution method that administrator distribute carbon credits among the entities freely with public authorities, may lead to power rent-seeking that administrator can make plots with enterprises, forming the interest communities, and impose the restrictions on new market participators. American voluntary carbon trading can combine two methods comprehensively. EPA figures out every year carbon emission amounts in 2012-2050, and some are distributed freely, the rest are auctioned. The rules are required that the 198 M & D FORUM proportion of auctions will come to 21.5%, till 2012 and 69.5% in 2031-2050. [3] In accordance with American Clean Energy and Security Act of 2009, on the one hand National Climate Change Adaptation Program should be drafted, targeting indicating global climate change which triggered by nature and human beings in the course of acknowledgement, prediction and response for U.S and other states in the world. Establish the Center of National Climate Service to enhance the understanding of varieties of Climate and different global state regional aspects. On the other hand, American national prime government should draft the International Climate Change Adaptation Program accompany with Environmental Protection Agency, Financial Ministry and others, in order to guide the allocations of emission rights, and implement the program by providing bilateral aid, setting up multilateral trust, signing international conventions in guidance of international organizations or adopting complicated mechanisms. 2.3 Quantity certifications and supervisions of carbon emission rights are core issues of cost assessments for American carbon trading markets With the emergence of new market, the leakage of the system will be unavoidable in the course of practices, and the trading cost will be enhanced to influence the market efficiencies. So quantity certifications and supervisions of carbon emission rights are core elements that achieve market values and efficiencies. Carbon trading prices are dependent on supplies and demands in carbon trading markets. American Clean Energy and Security Act of 2009 subscribe the designation, registration and offsets of greenhouse gases. Greenhouse gases mainly include carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons emitted from a chemical manufacturing process at an industrial stationary source, any perfluorocarbon, nitrogen trifluoride, any other anthropogenic gas designated as a greenhouse gas by the Administrator under this section. Any one can petition Administer to designate as a greenhouse gas any anthropogenic gas 1 metric ton of which makes the same or greater contribution to global warming over 100 years as 1 metric ton of carbon dioxide. The petitioner shall provide sufficient data, as specified by rule by the Administrator, to demonstrate that the gas is likely to be designated as a greenhouse gas and is likely to be produced, imported, used, or emitted in the United States. To the extent practicable, the petitioner shall also identify producers, importers, distributors, users, and emitters of the gas in the United States. Not later than 30 days after the date of enactment of this title, the Administrator shall establish an independent Offsets Integrity Advisory Board. The Advisory Board shall make recommendations to the Administrator for use in promulgating and revising regulations, and offset credits to reduce emission costs, put 2 billion tons per year that 1billion credits are from domestic projects, the rest from oversea projects, and reduce to 0.8 billion tons per year. Since 2017, American entities which hold international carbon offset credits should offset 4 tons carbon emissions by 5 tons international offset credits. Consequently the effectiveness of American carbon market mainly includes three aspects: Firstly, emission standard baseline reflects the economic endurance; secondly, effective regulators and tools entail the regulation; thirdly, emissions should be successively verified. They need the participations of agencies, industry associations and exchanges. For instance, Chicago Climate Exchange explored an Internet set of electric trade platform used by entities in carbon emission trading. Any activity should be achieved on site, and the course and data can be recorded timely. According to the trade price and trade quantities per month, the exchange issues carbon trading report monthly to disclosure relevant market information to supply the economic data for regulators. 2.4 The financial innovations of carbon emission rights are tools supporting American carbon pricing mechanism Recently, America has adjusted unilateral policies on clean energy, seeking international energy collaborations positively, in order to control the carbon pricing among fiercely competitive carbon markets. Chicago Climate Exchange which counts price by dollar and Chicago Climate Future Exchange which introduced environmental financial derivatives make international collaborations of 199 M & D FORUM carbon finances on the basis of self financial innovations. CCX has become the second largest carbon sink market in the world, and the unique greenhouse gas reduction trade market. CCX set up its branch Europe Climate exchange in 2004, and made friends with India Business Exchange in 2005, then establish Montreal Climate Exchange in Canada. In 2008, New York Euronext Group and French State-owned Banks, Trust and Investment Banks set up BlueNext Environment Exchange, integrating resource advantages and advanced market experiences with carbon financial advantages. Transaction types in BlueNext Environment Exchange which has become the largest carbon credits market in the world refer to spot goods and future goods such as EUA and CER. Financial market can support the carbon trading, playing a role in the guidance of energy conservation and emission reduction. As the member of CCX, American Bank will take part in CCFE and ECX. Furthermore, American Bank established a joint ventures accompanying with CCX and Climate Enterprise which is the controlling shareholder of ECX, and contribute 10,000,000 $ to become a stakeholder of joint ventures with the identity of Strategic investors, then explored carbon financial merchandises and services. Furthermore, American Bank enhanced current greenhouse gas reduction target and offered liquid support to CCX, ECX and CCFE, and not more than three years will purchase 500,000 tons carbon credits issued by CCX. [4] So American environmental financial innovational subjects include the prosperities of carbon markets, participations of institutional investors and venture investments, financial innovations launched by business banks. 3 Legal Price Regulation of EU Carbon Trading in Compliance of Kyoto Framework 3.1 Implement Kyoto Protocol, positively promote post-Kyoto negotiation process and seize the height of global carbon markets European parliament and European council passed Directive 2003/87/EC which established greenhouse gas emission trading system taking into effect on January 1, 2005. Contracting parties which are countries of annex 1 and have authorized protocol, successively lay down own climate change strategies and domestic emission reduction policies. Other contracting parties such as China which are not countries of annex 1 have taken part in global carbon market by means of CDM and JI projects operation. Countries of annex 1 can acquire the carbon allowances by transferring advanced techniques of energy conservation and emission reduction in the carbon reduction projects. According to the analysis of global carbon market, EU has become the largest buyer in the project operation and taken priorities over other nations to form the buyer’s carbon market. EU has always played a active role in promoting GHG reduction at policy and initiatives. In October, 2007 EU first put forward the target that members of EU should reduce GHG gas by 20% on the basis of emissions in 1990 till 2020. On January 23, 2008 EU delivered the initiatives and the contents are as follows: I) broaden EU ETS and reduce GHG gas by 20% on the basis of emissions in 2005 till 2020; II) set up target, that reduce GHG gas by 10% on the basis of emissions in 2005 till 2020, for the sectors out of EU ETS such as transportations and building industry; III) set up binding renewable energy development target in terms of separate member nation conditions, that the proportion of EU renewable energy comes to 20% till 2020(8.5 at present); IV) improve the energy efficiency and save energy consumption by 20% till 2020; V) formulate new rules to promote the carbon capture and sequestration(CCS) techniques and applications of market means such as environmental tax. On January 28, 2009 European Commission issued Copenhagen Climate Change Comprehensive Agreement (SEC(2009)101 SEC(2009)102) after negotiated with European Parliament, European Council and European Economic and Social Commission. Compared with Kyoto Protocol, great changes can be reflected by the idea that to combine emission reduction with economic recovery to pursue long term economic environmental sustainable development. New official ideas delegated the main principle of EU, who attended Copenhagen Climate Change Congress in the end of 2009. The idea referred to post-2012 reduction target, technique and capital, construction of carbon market. EU has 200 M & D FORUM pioneer experience on establishing emission trading system which act as the largest carbon market. EU should promote the process of constructing great carbon market among the Organization for Economic Cooperation and Development(OECD) before 2015, and extend the market to the developing countries whose economy is developed. Copenhagen Agreement should assure developed countries of emission reduction promises. So EU has set a good example in the world, due to promising to reduce GHG gas by 20% on the basis of emissions in 1990 till 2020. This is the most ambitious promise for post-2012 emission reduction among the nations. Provided that other developed countries can achieve the same scale reduction and the developing countries whose economy is developed can also make proper contributions with the range of capabilities and liabilities, EU will devote to working hard and authorized 30% target under the ambitious and comprehensive international agreement framework. 3.2 According to the carbon emission allocation program for member country, EU ETS should be regulated EU ETS is main carbon market adjustment system to achieve EU emission reduction target. Compared with American emission reduction strategy, climate change strategy of EU referred that EU confirmed the reduction target and allocate agreements for member countries, guaranteed the member country emission, then member state lay down native allocation plan for domestic enterprises. If enterprises reduce carbon emission by improving the techniques, the rest allowances can be sold for other enterprises, to encourage them to perform clean production. Carbon emission rights are deemed as rare resources and Directive 2003/87/EC detailed in some aspects such as applicable scope, licenses and allowances, implementations, supervisions, report and verification, registration, temporary exit, joint, force majeure. Because EU legislations must be implemented by means of member state domestic legislations, domestic allocation plans can be core tasks to implement EU ETS. Domestic allocation plans not only ascertain total amount upper limit, but also list substantial covered inventory. What’s more, allowances distributed each sector or enterprise in certain promising period should be ascertained. Allowances distribution imposes crucial influence on carbon supply and demand, and allowances which possess values are distributed freely to some extent. Equity should be upheld because allowances allocations influence enterprise’s action. And enterprise which acquired inadequate allowances had to purchase in the carbon market, while enterprise which acquired excessive allowances would become seller. Allowances distribution can not easily controlled in reality because of different states economic conditions. In fact, carbon emission rights were generously distributed and the allowances which enterprise acquired surpass the reasonable upper limit. The world wildlife fund concluded that those practices would cause carbon credits inflations and the credits price would be lowered, then the effectiveness and reduction benefits of carbon markets would be weakened. On April 23, 2009, European Commission passed Greenhouse Gas Emission Trade Directive and rectified Directive 2003/87/EC. In order to guarantee the equity of carbon emission credits distributions, member states should adopt auction in place of grandfather distribution. According to Copenhagen Climate Change Comprehensive Agreement, the crucial parameters are as follows: (I) Gross domestic product (GDP) per capita: reflect the capabilities of paying domestic reduction costs and those of buying carbon credits from developing countries; (II) Unit of gross domestic product of GHG emissions: reflect the potential of domestic GHG reduction; (III) the GHG emission trends from 1990 to 2005: start domestic reduction initiatives in advance; (IV) population trends from 1990 to 2005: consider the relationships between the population scale and total amounts of GHG emissions. 3.3 On the aspect of carbon currency, EU can promote financial services and expand the influence to the world, challenge the American priority in the global financial market with the means of euro which can control the carbon pricing EU positively implemented climate change policies and promote the carbon trading, so carbon finance are rapidly developed and financial assets based on Euros are expanding with the carbon trade turnover enhanced. WTO created world tangible commodities trade systems, while Tokyo Protocol form 201 M & D FORUM intangible commodities trade systems characterized that carbon credits are regarded as products in the global market. According to the classic doctrines of commodity transaction currency, the choice of carbon trade currency was mainly influenced by three elements: carbon market share, perfect degree of financial markets, and the differences of carbon credits. First, EU carbon market share takes advantages over other states in the Kyoto mechanisms of global carbon markets. In 2007, the transactions volume came to 161.5 billion tons which held 62% of the global carbon transaction volume, business turnover came to 28 billion euro which held 70% of the global carbon transaction turnover. ETS set two implementing stage: the first stage includes 2005-2007, carbon emissions for high energy industrial sectors such as powers held 44% of the Europe total emissions. European Commission gives 2219.8 billion EUAs to 27 member states. The second stage is 2008-2012, this coincides with Tokyo Protocol. Allowances of the second stage are reduced comparing with those of the first stage. And the upper limit is 2019.8 billion EUAs per year. Because of every state’s uneven economic conditions, reduction cost is different, allowances can be not equivalent, so the fluidity is necessary for EUAs. Trades among developed countries are usually invoiced by exporting country. Carbon trading based on EU ETS is limited to the EU member states, so euro can be invoice currency. Second, the EU has perfect carbon financial markets. EU ETS main carbon emissions exchanges include European climate exchange (ECX), European energy exchange (EEX), and environmental exchange (Bluenext), etc. ECX mainly referred to EUA spot transactions, cash transaction price of EUA was published every day. And ECX is new-style carbon financial tools -- -- EUA futures, options, main trade transactions leading varieties of 2005-2012 every year December delivery EUA contracts. In 2007, ECX trade 400 million EUA futures the average daily, was the biggest exchanges in Europe. The six major trading centers all used euro price. Third, as EU carbon emissions trading objects, compared with CERs and ERUs, EUAs risks are lowest, but prices are the highest, generally, 18-25 euro in between. There are differences on market evaluations between carbon credits based on the quotas and carbon credits based on the projects. CERs which developed countries acquire through investing CDM, are the first long-term contract, and do not guarantee delivery. The buyer will assume risks of future project registration defects or impossible to provide adequate reduction credits. But for those difficult to implement the abatement projects, the seller bargaining power will be limited. In addition, carbon credits buyers will consider scale of entities, credibility of business partners, expectation of monitoring procedures to offer higher but also more reasonable contract price.[5] 4 Basic Experiences of the United States and the EU Carbon Trading Pricing Laws and Regulations 4.1 Legislative construction: establish domestic legislation or regional carbon trading system The United States and the European Union's practical experiences show that the most important systematic premise of regulating carbon prices refers to confirm the properties attributes of carbon emissions and reasonable configuration of rights and liabilities, constructing domestic regional carbon trading market system. Greenhouse gas emissions trading system elements include market participants, quota allocation, verification and report, registration with the transaction rules, construction of the trading platform, etc. Flexible market mechanism and voluntary participation, through economic incentives, attract numerous enterprises and intermediary agencies, expand the market scale and control enterprise costs of reducing emissions. The core content of carbon trading system refers to make cost of externality internal, and to transform externalities which need not pay any cost into scarce resources through systematic designs. As the effective method of the price regulations of carbon trading, compared to carbon tax, carbon trading pays more attention to the quantity in the control, but the cost is difficult to determine, and it varies with the reduction of the cost and emission levels. When excessive carbon 202 M & D FORUM emissions urgently need to be controlled, carbon trading functions well. Distribution mode of total amount control and carbon emissions rights are the key elements in the process of building system, which refer to fairness and efficiency of carbon trading system operation. European and American countries practices had proved that if the two keys were not better considered, trade cost would increase. Carbon emissions trading can correct the market failure by the pricing, the enterprise will be forced to pay the environmental externalities production cost. In the process of constructing carbon trading system, market and governmental regulation and social participations in three, use the Coarse Theorem, around the property confirmation, reducing transaction costs and building price forming mechanism, to realize the system maximum performance. 4.2 The governmental supervision: regulation reform of carbon trading market Carbon trading system to realize the performance is closely related with effective supervision of carbon trading market. As the most major supervision method, cost-benefit analysis includes the identification and classification of cost and benefit, converting risk into cost, the quantification of cost-benefit and the application assessment and submitting cost-benefit information. Whether U.S. domestic carbon market supervision or the EU member states assessments of carbon market system, is all through flexible and steady, transparent public decision-making process and judicial review mechanism, to ensure carbon emissions control effectiveness and long-term. Emissions trading management institutions of carbon trading regularly analyze and summarize carbon trading operation, and constantly improve the system design, to make the system more practical. U.S. and European countries all take supervision priority to emissions monitoring capabilities, statistics and information disclosure system. The international experience shows that whether a carbon tax, project carbon trading market, quotas or other financing methods of carbon emissions of greenhouse gases is inseparable from the monitoring capability, statistics and information disclosure system. Whether commit emission reduction or not, the main countries or regions, attach great importance to the systems. To verify the greenhouse gas reduction quantities is crucial to supervision mechanism, policy formulation and performance evaluation. Since 1999, according to different areas of the country and the list of greenhouse gas emissions, EU has evaluated and implemented community and other greenhouse gas monitoring mechanism plans. Besides all carbon emissions trading participants should be supervised and enterprises reported annual emissions in accordance with the relevant regulations, British also had set up independent third-party authentication institutions. How to measure the performance of carbon market, how to ensure total carbon emissions are not break the limitation, how to regulate carbon markets such as the monopoly, all need to continue the public information disclosure system to respond. Because the market of fairness and efficiency in largely based on the information openness and obtain sufficient convenient degree, asymmetric information may increase the market transaction cost, influencing market participants to assess market risks and benefits. 4.3 Financial innovation: the core tools of carbon trading pricing mechanism USA and European countries have formed carbon emissions trading center, even appear emissions securitization of financial derivatives. Trading center appears to promote the development of carbon emissions trading, provides a more transparent information disclosure system, and makes developed countries acquire carbon pricing power. Carbon trading price forming mechanism timely and accurately reflects the carbon emissions rights supply and demand in the international market and domestic market through financial market innovation. Commodities pricing are the futures price, international trade practice is that commodity cif price equal to futures price add stock rise discount. The international market pricing center is basically the several major futures market. The futures market is an open, centralized and unified and approximate to completely competitive market, the futures market plays the price discovery and hedging of system function, reflect true market supply and demand, and is really the market price. The development and improvement of state financial market will influence the degree of commodity pricing and its currency as trade possibilities of currency valuation. Through the financial 203 M & D FORUM innovation, actively involving in carbon market, expanding the influence of carbon emissions, and by futures and options market, investors and risk investment and commercial Banks, financial innovation environment, implementing the lever and interests transmission mechanism to extensive influence other subjects’ environment responsibility. Global GHG trade, gradually formed a special carbon financial market (including direct investment and financing, carbon trading, bank loans). 4.4 Look forward to the future: establishing global carbon trading market Successful practice of Chicago climate exchange provided a solid foundation for the U.S. government to formulate low carbon economic policy. From American Clean Energy and Safety Act, America will depend on domestic carbon trading market pricing mechanism to gradually realize the new global strategy. In order to promote the US-China cooperation on climate change. On February 9, 2009, the two folk organization Asian Association U.S.-china relations center and the pew global climate change center in Beijing published Joint with the Challenge, in collaboration with Climate Change - China-US Energy Cooperation Map. Investment funds of two governments in the economic recovery of investment funds, if appropriate, will help give rise to a new economic growth of the green science and technology and green industry. As the world's largest carbon emissions reduction credit demander and greenhouse gas emission reduction pioneer, the EU called on all countries to join the establishment of a global uniform carbon markets in Copenhagen Climate Change Agreement in 2012. Domestic carbon markets can and should unite to build an efficient global market, in order to reduce the cost of actions. Copenhagen Agreement can set up global and national targets to support carbon markets, and can be flexibly adjusted to the new conditions. A global carbon trading market construction has become the commonsense in American and European countries. Because the interests of carbon financial capital globalization transmission mechanism and characteristics of infiltration, developed countries and developing countries can jointly unify regional carbon trading market to a whole organ, construct mutually beneficial and win-win new international economic order. From the Bali Initiatives, international climate negotiations rectified defects in the Kyoto Protocol and tried to expand its framework. These actions will focus on three aspects: first is that developed countries promised deeply to reduce carbon emissions after 2012, developing countries should voluntarily reduce emissions by 2020; second is to reform CDM and to promote more fair and effective low-carbon investments; last refers to transfer advanced technology and capital mechanism. Sufficient funds are crucial to implement Copenhagen Agreement. Regardless of the United Nations framework convention on Climate Change and bilateral and multilateral funds, development fund, or all kinds of private and public funds, should be well used, promote emissions reduction. Establish climate international investment bank, and accumulate experiences of climate investments and finances for developing countries to perform low carbon economy transformation. 5 Conclusion This article has examined a broad band of issues which must be reflected upon carefully before addressing a national plan to develop and implement carbon trading price regime to reduce carbon emissions. The key conclusion of this review is to confirm the properties attributes of carbon emissions and reasonable configuration of rights and liabilities and construct domestic regional carbon trading market system. This is the basis of carbon trading and it also highlights the importance of supervisions and regulations of carbon market. Otherwise, finances can play an important role in promoting carbon reductions by carbon financial market operation. So this existing framework can serve as a foundation upon which policy makers can build in order to implement a carbon reduction program without prejudice to jeopardizing the existing economic development. About author: 204 M & D FORUM Dong Yan, School of Humanities and Societies, University of Petroleum (East China), lecturer, doctoral student of China University of Political Science and Law majored at the environment and resources protection law science. Research mainly on climate law, energy law, environmental law. References [1]. Robert N.Stavins.A Meaningful U.S.Cap-and-trade System to address climate change.Harvard Environmental Law Review[J].2008,32 Harv.Envtl.L.Rev.295-298. [2]. Fu Lu. Legislative Analysis of EU Carbon Emission Trading System. Regional Research and Exploration.2009 1 :126.(in Chinese) [3]. Grant Boyle.A Review of Merging GHG Emissions Trading in North America:Fragmentation or Progress?.Alberta Law Review[J].2008,46 Alberta L.Rev.173. [4]. Ren Weifeng. Low Carbon Economy and Environmental Financial Innovation, Shanghai Economic Research.2008 3 : 40. (in Chinese) [5]. Wang Ying,Guan Qingyou.The Invoice Currency of Carbon Trading: Theory, Reality and Choices. Contemporary Asia-Pacific.2009(1): 125. (in Chinese) () () 205