论中国蓝碳立法与国际蓝碳法律机制之协调

The Coordination Between China’s Blue Carbon Legislation and the International Legal Mechanism of Blue Carbon

国际气候谈判和一系列国际条约的出台为蓝碳法律地位的确定提供了依据。作为多项国际公约的缔约国和世界最大的碳排放国,积极履行国际义务,开展国际合作,引领蓝碳法制建设,是中国必须进行蓝碳立法的外源性因素,而国内应对气候变化目标的设定以及保护和发展蓝碳的现实需求为中国蓝碳法制建设提供了内生动力。为此,中国应加快蓝碳立法转化进程,明确应对气候变化立法目的,完善蓝碳法律法规体系,协调国际国内法律规范,将固碳增汇理念融入蓝碳立法内容,建立健全蓝碳市场交易、蓝碳金融促进和生态补偿法律制度,确保中国蓝碳立法与国际蓝碳法律机制相协调。

The legal status of blue carbon has been strengthened through international climate negotiations and various international treaties.As a signatory to numerous international conventions and the largest carbon emitter of the world,China faces external pressures to enact blue carbon legislation.These include fulfilling international obligations,engaging in international cooperation,and leading the development of blue carbon legal frameworks.Simultaneously,domestic goals to address climate change and practical needs to protect and develop blue carbon resources provide internal incentives for advancing China's blue carbon legal system.Therefore,China needs to take a leadership role in climate action,which includes fulfilling international commitments and establishing blue carbon legal norms.This leadership also involves engaging in international cooperation and collaborating with other countries to address climate change collectively.At the same time,China should expedite the legislative process of blue carbon,clearly define legislative objectives related to climate change mitigation,and improve the legal and regulatory framework for blue carbon.This involves harmonizing international and domestic legal norms,integrating the concepts of carbon sequestration and enhancement into blue carbon legislation,and establishing comprehensive legal mechanisms for blue carbon market trading,financial promotion,and ecological compensation.These efforts promote the coordination between China's blue carbon legislation and international legal mechanism of blue carbon.To advance blue carbon legislation,China must address several aspects to ensure the coherence and completeness of the legal framework.Firstly,The legislative goal of dealing with climate change should be clearly defined,and the corresponding content planning and institutional design should be carried out around the goal.It is necessary to ensure that the purposes of blue carbon legislation are coordinated with the global development goals to address climate change,and are compatible with the main content related to addressing climate change in the existing legal rules of the international community on blue carbon.Secondly,China should actively fulfill the commitment to address climate change and integrate climate change response into the whole process of building a blue carbon legal system.On this basis,China will build a legal system for the protection and development of blue carbon,to ensure the unity of the legal and regulatory framework for blue carbon,and cover blue carbon protection,restoration and sustainable management.Thirdly,China should coordinate the relationship between blue carbon laws and regulations and other legal norms,so as to provide a systematic guarantee for the construction of China's blue carbon legal system and the development of international blue carbon cooperation.In addition,it is necessary to establish a legal mechanism for the market trading of the blue carbon and a legal system for the promotion of the blue carbon finance to provide institutional support and economic incentives for the protection and enhancement of the blue carbon ecosystem,thereby promoting the development of blue carbon financing projects and the maturity and perfection of the trading rules of the blue carbon market.Furthermore,it is also necessary to establish an ecological compensation system to enhance the enthusiasm of various entities to participate in blue carbon protection and development activities,and promote the restoration of blue carbon ecosystems and the protection of blue carbon resources.This can provide impetus for international blue carbon project development cooperation and blue carbon market trading.In conclusion,China should establish and improve the blue carbon legal framework,strengthen the domestic legal foundation and harmonize international and domestic legal norms.This will enable China to play a crucial role in leading global efforts to harness the potential of blue carbon in addressing climate change.