The escalating impacts of climate change are compelling individuals to flee their homes, giving rise to a new category of refugees known as climate refugees. Despite clear evidence linking climate change to forced migration, the protection of these refugees' human rights remains unaddressed by any existing international legal framework. This paper explores the necessity of embracing a new comprehensive international legal framework tailored to climate refugees. It advocates for a legal framework that addresses prevention and remedies the issues faced by climate refugees and ensures their human rights are safeguarded. We also argued that the Comprehensive International Legal Framework should have a collective obligation to safeguard the rights of climate refugees on the global scale and to provide a solution that integrates the various rules of law, meets humanitarian needs, and is tailored to the protection of the rights of climate refugees.

As an essential player of global climate change governance, China has been proactive in climate change policymaking and has improved its climate governance through progressive policy measures and institution building both domestically and internationally. This shows China's transformation from a norm-follower to a positive participant and further normative contributor to global climate change governance. Particularly, China has steadily exerted its influence on global climate change governance by adopting two governance approaches – a top-down governance approach and a multi-stakeholder engagement approach – in union. With Chinese corporations and financial institutions' evolving participation in green investment and agenda-setting in global climate governance, China's mixed governance approach can further improve its climate governance regime from a state-led climate governance system to a co-governance system. Through a more flexible framework with the involvement of different actors, China and other leading partners can create a broader foundation for policy cooperation to accelerate the reduction of carbon emissions and raise climate ambitions collectively.

In the face of feckless global actions in the battle against the climate change monster, market-based approaches to address climate change with carbon pricing mechanisms, such as the emissions trading system (ETS), have been hailed as a game changer. China, as the largest emission contributor and an important player in the global climate game, has been very ambitious in the development and establishment of its own national ETS, as a crucial pillar for China's climate policy and strategy. To some extent, ETS can be regarded as a novel pathway for China in its climate actions, compared with the 'command-and-control' approaches that have often been employed and highlighted in China's environmental governance. Summarizing those practical experiences, the development of carbon emissions trading in China is rooted in economic rationales theoretically, global climate change regimes internationally, and China's climate policies domestically. The theoretical, policy and legal bases for ETS are the keys to advancing carbon market development in China. Based on robust economic models and a fundamental legal basis provided by the Flexible Mechanisms of the Kyoto Protocol and Article 6 of the Paris Agreement under international climate law, the development of carbon emissions trading in China has been accelerated by the crucial policy-driven force, especially when the development of ETS moved into the new era of the '3060 dual carbon' strategy. In a significant milestone for China's national emissions trading, the national carbon market was officially launched in 2021, marking the start of the operation of China's national ETS. With further systematization and institutionalization of carbon peaking and carbon neutrality, the development of carbon market will be further advanced in China. Furthermore, the 'dual control' of energy consumption and energy intensity may change to the 'dual control' of total carbon emissions and carbon intensity, which will have a profound impact on the development of China's ETS.

ETS provides an effective market-based approach to managing an integrated trajectory of increased economic development and deceased carbon emissions during China's transition towards a net-zero future. As a crucial pillar of China' ambitious dual climate goals - to reach peak carbon emissions by 2030 and to achieve carbon neutrality by 2060 - the ETS is undoubtedly a major institutional innovation that makes emissions trading operate on a soundly governed track in reducing carbon emissions and promoting low-carbon development. There is no doubt that the launch of the operation of the national ETS in 2021 constitutes a major step towards the goal of realizing the intended role of carbon pricing and market mechanisms - reducing carbon emissions and reinforcing the dual climate strategy for carbon peaking and neutrality. Here, a more in-depth look at the key concepts of the operational process of China's ETS is provided based on the performance and character of the first compliance period of China's national carbon market, and we gain deeper insights into the challenging issues arising from the full value chain of this ETS in China.

The legal issues surrounding ETS in China are deeply rooted in a complicated climate context, opening space for policy considerations and leaving room for manoeuvre in realpolitik. Especially in China, governance issues surrounding ETS stand at the interface of regulatory frameworks and other climate mitigation and adaptation mechanisms such as voluntary emissions reduction mechanisms, energy transition policies, carbon tax and 'command-and-control' climate measures. The 'living' law approach brings about a correlation of ETS legal instruments, policy aiming to promote energy transition and other market-based or non-market mechanisms for carbon peaking and carbon neutrality when contemplating the interaction of the ETS regulatory framework and other relevant carbon peaking/neutrality mechanisms in a broader context in China. This chapter therefore focuses on the interlinkages of ETS legal issues with CCERs, energy transition policies, carbon tax and 'command-and-control' climate mitigation measures in China.

碳排放权既蕴含了环境保护及碳排放管控的公法特征,也体现了意思自治及自由协商的私法内涵.在传统"非公即私"的思维桎梏下,碳排放权的法律性质尚存在较大争议,单纯公法属性观抑或私法属性观均难以实现逻辑自洽.可以以德国双阶理论为视角对碳排放权的法律属性予以重构:纵向上,将碳排放权在注册登记之前界定为公法属性,注册登记后原则上视为私法属性;横向上,从制度价值、市场风险、规范体系等角度厘清公权力介入碳排放权交易机制的正当性,彰显碳排放权交易阶段公私法之间的交织与衡平逻辑.基于此,应从构建公私主体协力共治的外部保障机制、明晰涉碳纠纷救济途径之双重进路发展碳排放权制度.

The development of China's ETS began as different local pilot projects, regarded as a 'bottom-up' approach to establish ETS in China. In October 2011, local carbon emission trading pilot projects were launched in Beijing, Tianjin, Shanghai, Chongqing, Guangdong, Hubei and Shenzhen. Since 2013, seven local pilot carbon markets have begun online trading, which has effectively promoted the greenhouse gas emission reductions of enterprises in pilot provinces and cities. It has also explored a system, trained talents, accumulated experience and laid a foundation for the construction of a national carbon market. At the end of 2017, approved by the State Council, the Plan for the Construction of the National Carbon Emission Trading Market was issued and implemented, requiring the construction of a unified national carbon emissions trading market. China's regional ETS pilots continued operations in parallel, and trade volumes have dropped due to the fact that power sector emitters turned increasingly to the national ETS. However, during the first compliance period of the newly operated carbon market in 2021 and to date, China's regional pilot carbon markets are still running on a sound pathway in general, parallel to the national ETS. The ETS layers on top of the seven official pilot ETS programmes as well as a range of sectoral climate and industrial policies. This chapter first scrutinizes the bottom-up approach underpinning the local pilot ETSs in China, and then sketches the experiences learned from pilots in Beijing, Shanghai and Hubei. The selection of those three pilots as the representatives for the seven pilot ETSs is based on the consideration that the three pilots serve as crucial institutional pillars for the national ETS in China: Beijing operates the offset programme of China's national ETS; Shanghai manages the national carbon trading platform; Hubei leads the development of the registry for the national ETS.

新发展格局下的环境权实现了对传统环境权概念的继承与超越,其内涵重在强调人民有权享有优美生态环境的生活状态,其功能则增加了营造优美生态环境、满足人民日益增长的优美生态环境需要的内容,是一项独立的新一代人权.由于新发展格局下的环境权并非完全可放弃的权利,故立法者应当审慎选择其保障路径.尽管环境权具有充分的道德正当性,但其内涵难以确定、外延过于模糊,致使其难以通过法律权利构成要件的审查,且出于法律体系融贯性和社会成本考量,环境权难以在现实中落地.若环境权保障采用规定国家义务的方式,则可能以更低社会成本实现更好的现实效果.因此,当前我国宜规定国家具有环境权保障的客观义务.相关义务应在防治生态环境问题和营造优美生态环境两个层面上展开.

With a growing number of carbon markets worldwide, connecting with other markets is a natural next step for policymakers. In particular, many scholars have described the emerging concept of the 'climate club' as a diplomatic invention that could jointly adopt a harmonized global carbon market/pricing system among like-minded countries based on long-term deep decarbonization visions. Despite consensus that the formulation of a climate club requires complicated, challenging and long-term diplomatic negotiations, no diplomatic agenda on the matter has been witnessed legally and politically at this stage. However, in addition to China's ETS, several countries in Southeast Asia are also working on introducing their own emissions trading systems, reducing the amount of CO2 emissions that are unrestricted. The question of how to harmonize CO2 pricing across countries in this region (China and southeast Asian countries), particularly between emissions trading systems, is becoming increasingly important. Currently the different approaches lead to varying prices for goods in this region, but harmonizing these approaches could reduce the costs of carbon pricing and create a uniform regional framework of carbon markets. Developing a legally and politically harmonized regional carbon market through ASEAN-China cooperation would be a constructive step towards a climate-neutral future that we can be proud of.

The EU CBAM has sparked mounting debates in the international arena which not only focus on the compatibility of the EU CBAM with the international trade rules and climate regime but also extend to the EU's geopolitical strategy behind its CBAM proposal in the changing global climate game. Is the EU CBAM a competitive measure, a protectionist measure, a climate measure or a tactical tool to effectuate the EU's strategic autonomy? Although some studies demonstrate that the EU CBAM will only affect a small portion of the imported goods from China to the EU market, the big question mark lies in whether the EU CBAM would motivate China to step up the pace of its own carbon market development or worsen the bilateral tensions between the two economic giants. This chapter aims to discover the implications of the EU CBAM in terms of linking the ETS in China and the EU, with the analysis focused on the gaps between the EU and China's carbon markets, the legal controversies and geopolitical challenges triggered by the EU CBAM.

The policies and principles of the ETS in China have been clarified and well defined, but a sufficient legal basis for ETS in China still remains to be further strengthened. Unlike the situation in the EU, where there is a sound legal framework for ETS based on the EU ETS Directive, so far China has not realized a well-established regulatory framework for its national ETS, not even a tailored national ETS law adopted by China's national legislative body. Although high-level free-standing ETS national legislation in China is yet to be put in place, there exists a series of specific governmental rules to regulate China's national ETS with binding legal effect, alongside regional ETS measures of pilot municipalities and provinces, which constitute a preliminary legal basis for the current operation of ETS in China. With those administrative rules and regulations at hand, a basic governmental regulatory system has been preliminarily framed for ETS in China. The legislative process has moved forward on the high-level ETS legislation to replace the ministry-level decree currently in place, which will further consolidate the legal basis for the sustainable development of the national ETS in China, and ensure standardized operation and management in the key links of the national carbon market. It is also worth highlighting that the specific regulatory framework of China's national ETS is to co-exist with a suite of environmental and climate regulations that aim to achieve ecological civilization and carbon neutrality in China. The national ETS will evolve in a comprehensive environmental legal framework in China, serving as a market-based mechanism in China's climate regime in order to realize the carbon-peaking and carbon-neutrality goals. This chapter first sketches the position of carbon-peaking and carbon neutrality in China's environmental legal framework, then scrutinizes the current legal basis for China's ETS at the both national and local level of legislations, and eventually ends by summarizing the key issues in the last-mile journey towards a well-established ETS regulatory framework in China.

随着生物安全被纳入我国国家安全体系,党和国家高度重视生物安全工作,尤其是党的二十大报告明确提出了加强生物安全管理的要求,体现了生物安全风险防控不仅是建设现代化国家安全治理体系的重要内容,而且也是实现人与 自然和谐共生的中国式现代化的必由之路.同时,在党的二十大报告提出"必须坚持系统观念"背景下,整体性治理理论为贯彻生物安全治理领域的系统观念提供了理论基础,而生物安全整体性治理所强调的总体国家安全观指导思想、权威性领导机制以及整体性组织协调机制也符合当前我国生物安全风险防控工作的现实需求.在此基础上,依托生物安全整体性治理蕴含的法治思维、法律保障机制、法治价值等法治逻辑,可从树立风险预防的法律原则、明确生物安全立法的整体性定位、强化政府生物安全治理的主导性角色等方面探寻生物安全风险防控的法治进路.

实现人与自然和谐共生的中国式现代化蕴含着深刻的环境法治意蕴和深厚的环境法治期许,需要以生态环境法治理念、生态环境政党规范体系、生态环境法律规范体系与生态环境法律实施体系的全面革新作为保障.为完善生态环境法律规范体系,在与其他部门法的关系上,应在整合专门性生态环境法律规范的同时加强环境法与传统部门法的协同;在环境法内部,应确保作为基础的上位环境法律与作为补充的环境行政法规、环境地方性法规和环境规章有机统合.为健全生态环境法律实施体系,在执法上,应强化跨区域联动和跨领域联动,推动环境行政由行政区行政向区域行政、由基于部门的专业化行政向辐射全局的整体性行政迈进;在司法上,应着力建构预防与救济并行的环境司法能动体系,注重不同环境司法制度之间的顺畅衔接与协同增效.

基于中国国情与政情发展起来的检察权,并不适合于"行政权—司法权"的传统分析范式,检察权与行政权的互动亦面临着实然困境,集中体现于行政公益诉讼诉前检察建议的单一与诉前协商程序的失范.系统论为检察权与行政权在诉前程序中的良性互动提供了重要视角,具体证成逻辑在于,明确两权在分工基础上的合作关系,建立内外并行的互动路径,在系统内部层面重塑检察权与行政权之间的良性互动关系,在系统外部层面引入与外界的对话协商机制,从系统论的目的性、内部优化、自适应性与层次性方面,建构起检察权与行政权在行政公益诉讼诉前程序中的良性互动体系.

人民法院引导行为人通过购买碳汇修复受损生态环境,既实现了生态修复目标,又有助于实现"双碳"目标,是司法能动精神在新时代环境司法中的生动体现.《审理森林资源民事纠纷案件解释》第20条虽然规定了购买碳汇的适用条件,但是其关于适用顺序的规定还需进一步明确,关于适用范围的规定也有讨论空间.从适用顺序来看,原地"补植复绿"、异地"补植复绿"的修复效果优于购买碳汇,因而二者的适用顺序优先于购买碳汇.只有无法进行原地"补植复绿"、异地"补植复绿"时,方可适用购买碳汇.从适用范围来看,司法解释将购买碳汇的适用范围限定于破坏森林资源类案件,可通过类推解释的方法将其适用范围扩张至其他存在碳汇损失的案件.但是在不存在碳汇损失的案件中不宜适用购买碳汇,否则将挤占生态环境损害赔偿金的适用空间,可能会损及地方生态环境保护事业的发展.

Emissions Trading Systems (ETS) have been hailed as a game changer for the evolving climate crisis. This book provides an in-depth analysis of China's carbon ETS, including its legal and policy frameworks, carbon market mechanisms, and international and comparative implications.

长河万里奔碧海,大浪九曲绕青山.黄河是中华儿女的母亲河,呵护中华儿女在华夏大地繁衍生息;黄河是中华民族的精神图腾,承载中华民族伟大坚强的意志品质;黄河是中华文明的发源地,见证中华文明的绵延不息.中国人民保护黄河的理想与追求在"大禹治水"的传说中破土而出,在《保卫黄河》的高亢旋律里发荣滋长.

The Chinese government is acutely aware of the problem of climate change. In the crucial crossroads, carbon emissions trading scheme (ETS), a kind of market-based instruments based on cap-and-trade, has become the new hope of carbon governance and the most important measure adopted to mitigate climate change. Based on the description and analysis on the ongoing process of pilot ETS in China and its policy and legal basis, we may draw a conclusion on the important problems at present and what China can do to achieve a sustainable development of national ETS in the future.