TY - JOUR
T1 - Do the Compliance Requirements under China’s Greenhouse Gas Emissions Trading Schemes Have Adequate Legal Certainty?
AU - Xie, Ying
N1 - Funding Information:
Ying Xie, Ph.D. candidate of Institute for Transnational Legal Research (METRO), Maastricht University, Maastricht, the Netherlands. For correspondence: <[email protected]>. This paper is an expanded version of one chapter from the author\u2019s Ph.D. thesis supervised by Prof. Michael Faure and Prof. Niels Philipsen. The author would like to express her appreciation to her supervisors and the China Scholarship Council, which provided financial support for this research. Tianbao Qin and Meng Zhang, Carbon Emissions Trading in China: Law, Policy and Mechanisms (Edward Elgar 2023) 67\u201368. Zhe Deng and others, \u2018Effectiveness of Pilot Carbon Emissions Trading Systems in China\u2019 (2018) 18(8) Climate Policy 992, 992\u2013993. Valerie Karplus, \u2018China\u2019s CO2 Emissions Trading System: History, Status, and Outlook\u2019 (Harvard Project on Climate Agreements 2021) 4-6.
Publisher Copyright:
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PY - 2024/1/1
Y1 - 2024/1/1
N2 - China employs emissions trading schemes (ETS)—a cap-and-trade mechanism—to control greenhouse gas (GHG) emissions and has developed a range of regulatory instruments that have been updated in recent years. Legal certainty is essential for any regulatory instrument to effectively regulate and guide the behavior of regulated entities. Given the importance of legal certainty principle, this paper reviews the compliance requirements under China’s ETS regulatory instruments and examines their legal certainty from a law and economics perspective. This paper finds that while the general compliance requirements of China’s ETSs are similar, the regulatory details vary. It further argues that the compliance requirements of China’s ETSs do not fully achieve legal certainty, potentially hindering their effective im-plementation.
AB - China employs emissions trading schemes (ETS)—a cap-and-trade mechanism—to control greenhouse gas (GHG) emissions and has developed a range of regulatory instruments that have been updated in recent years. Legal certainty is essential for any regulatory instrument to effectively regulate and guide the behavior of regulated entities. Given the importance of legal certainty principle, this paper reviews the compliance requirements under China’s ETS regulatory instruments and examines their legal certainty from a law and economics perspective. This paper finds that while the general compliance requirements of China’s ETSs are similar, the regulatory details vary. It further argues that the compliance requirements of China’s ETSs do not fully achieve legal certainty, potentially hindering their effective im-plementation.
U2 - 10.21552/cclr/2024/3/6
DO - 10.21552/cclr/2024/3/6
M3 - Article
SN - 1864-9904
VL - 18
SP - 152
EP - 163
JO - Carbon & Climate Law Review
JF - Carbon & Climate Law Review
IS - 3
ER -