气候变化背景下能源效率法律规制的正当性

Theoretical Basis for Legal Regulation of Energy Efficiency in the Background of Climate

气候变化背景下能源效率法律规制有其存在的正当性。一方面,可持续发展伦理观、正义价值理论、利益平衡理论等法哲学理论,以及能源外部性理论和环境公共物品理论等经济学理论为气候变化背景下的能源效率法律规制提供了理论依据。另一方面,气候变化背景下能源效率法律规制的核心是保障环境安全,强调在能源利用过程中充分考虑其对环境的负面影响,通过提高能源效率,减少对传统化石能源的使用与消耗,以控制温室气体排放,从而保障环境安全。

Energy efficiency legal regulation in the background of climate change has its legitimacy. On the one hand, a theoretical basis is fully supplied. Philosophy of Law Theory contains the ethics of sustainable development, justice theory of value, balance of interests and Ecological Standards in the legal concept of energy and other laws. Economic theories hereafter refer to energy externality theory, the environmental theory of public goods. Both of them provide a theoretical basis for legal regulation of energy efficiency in the background of climate change. On the other hand, the inherent requirements of environmental safety are satisfied. In the context of climate change, the core of legal regulation on energy efficiency is to protect the environment. And the legal regulation stresses the importance of a full consideration of its negative impact on the environment in the energy using process. It is also insisted that by improving energy efficiency and reducing the energy consumption of traditional fossils and controlling greenhouse gas emissions, environmental security can be ensured.