國際應對氣候變化資金機制法律問題研究
發(fā)布時間：2019-01-25 09:28
【摘要】：2015年通過的《巴黎協(xié)定》再次將氣候變化問題帶進了大眾的視野。氣候變化問題可歸結為四大問題,而資金問題作為其他三個問題(即減緩、適應以及技術轉讓問題)得以解決的基礎一直都是國際社會在應對氣候變化領域始終面臨的重點、難點問題。《巴黎協(xié)定》作為國際應對氣候變化領域的第三個具有法律約束力的國際協(xié)定,它的生效為國際應對氣候變化資金機制帶來了新發(fā)展。國際社會將《巴黎協(xié)定》生效后的、新的國際氣候合作時期稱之為“后巴黎時代”。后巴黎時代國際應對氣候變化資金機制呈現(xiàn)出何種發(fā)展趨勢、又存在何種問題?中國在后巴黎時代應當如何利用國際應對氣候變化資金機制,以求把握機遇的同時做好應對挑戰(zhàn)的準備?論文以解決這兩個問題為目的進行研究。《聯(lián)合國氣候變化框架公約》(以下簡稱《公約》)是國際社會為應對氣候變化問題所達成的第一個法律文件,它是國際社會應對氣候變化問題的國際法律基礎。因此對于國際應對氣候變化資金機制的研究應當在《公約》的框架性規(guī)定和原則的指導下進行。由于《巴黎協(xié)定》于2020年才開始生效,因此論文多采用歷史分析法和比較法,在對《公約》下國際應對氣候變化資金機制的法律界定及其運行遵循的基本原則進行研究的基礎上,從資金的籌集、管理和使用三個方面出發(fā)對現(xiàn)行的國際應對氣候變化資金機制的規(guī)則進行分析,并與《巴黎協(xié)定》的新規(guī)定進行對比,得出國際應對氣候變化資金機制呈現(xiàn)出獨立運行的發(fā)展趨勢這一結論。中國作為《巴黎協(xié)定》的締約方之一應當積極參與國際氣候資金的治理、完善國內關于應對氣候變化資金問題的相關法律規(guī)定�！栋屠鑵f(xié)定》作為新的國際法律文件在學界的研究成果本身就不多,針對資金機制問題進行研究的就更在少數(shù),這一現(xiàn)象盡管為論文的研究帶來了一定的阻礙,但同時也是論文研究的必要性和創(chuàng)新性的所在。
[Abstract]:The Paris Accord, adopted in 2015, once again brought climate change into the public eye. The climate change issue can be summed up into four major issues, and the financing issue as the basis for addressing the other three issues, namely, mitigation, adaptation and technology transfer, has always been the focus of the international community in the area of combating climate change, As the third legally binding international agreement in the field of international response to climate change, the entry into force of the Paris Agreement has brought new development to the financing mechanism for international response to climate change. The international community has called the new period of international climate cooperation after the entry into force of the Paris Agreement the "post-Paris era." What is the trend of the post-Paris international financing mechanism for climate change, and what are the problems? In the post-Paris era, how should China make use of the international climate change financing mechanism in order to seize the opportunities and prepare for the challenges? The United Nations Framework Convention on Climate change (UNFCCC) is the first legal document reached by the international community to deal with climate change. It is the international legal basis for the international community to deal with climate change. Therefore, the study of the international financial mechanism for combating climate change should be guided by the framework and principles of the Convention. Since the Paris Agreement did not enter into force until 2020, historical analysis and comparative methods are often used in this paper. On the basis of a study of the legal definition of the international financial mechanism for climate change under the Convention and the basic principles to be followed in its operation, and on the basis of the mobilization of funds, The management and use of three aspects of the analysis of the rules of the current international financial mechanism to address climate change and their comparison with the new provisions of the Paris Accords, The conclusion is that the international financing mechanism for climate change is running independently. China, as one of the parties to the Paris Agreement, should actively participate in the governance of international climate funds, Perfect the relevant domestic legal provisions on the financing of climate change. As a new international legal document, the results of the research on the Paris Agreement in academic circles are not many, and the research on the financial mechanism is even more rare. Although this phenomenon has brought some obstacles to the research, it is also the necessity and innovation of the research.
【學位授予單位】：鄭州大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D996.9
[Abstract]:The Paris Accord, adopted in 2015, once again brought climate change into the public eye. The climate change issue can be summed up into four major issues, and the financing issue as the basis for addressing the other three issues, namely, mitigation, adaptation and technology transfer, has always been the focus of the international community in the area of combating climate change, As the third legally binding international agreement in the field of international response to climate change, the entry into force of the Paris Agreement has brought new development to the financing mechanism for international response to climate change. The international community has called the new period of international climate cooperation after the entry into force of the Paris Agreement the "post-Paris era." What is the trend of the post-Paris international financing mechanism for climate change, and what are the problems? In the post-Paris era, how should China make use of the international climate change financing mechanism in order to seize the opportunities and prepare for the challenges? The United Nations Framework Convention on Climate change (UNFCCC) is the first legal document reached by the international community to deal with climate change. It is the international legal basis for the international community to deal with climate change. Therefore, the study of the international financial mechanism for combating climate change should be guided by the framework and principles of the Convention. Since the Paris Agreement did not enter into force until 2020, historical analysis and comparative methods are often used in this paper. On the basis of a study of the legal definition of the international financial mechanism for climate change under the Convention and the basic principles to be followed in its operation, and on the basis of the mobilization of funds, The management and use of three aspects of the analysis of the rules of the current international financial mechanism to address climate change and their comparison with the new provisions of the Paris Accords, The conclusion is that the international financing mechanism for climate change is running independently. China, as one of the parties to the Paris Agreement, should actively participate in the governance of international climate funds, Perfect the relevant domestic legal provisions on the financing of climate change. As a new international legal document, the results of the research on the Paris Agreement in academic circles are not many, and the research on the financial mechanism is even more rare. Although this phenomenon has brought some obstacles to the research, it is also the necessity and innovation of the research.
【學位授予單位】：鄭州大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D996.9
【參考文獻】
相關期刊論文 前10條
1 吳喜梅;李靜s，
本文編號：2415009
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