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Abstract

This chapter discusses the CDM in China in the post-2012 period. First, tendencies of an international climate legal framework for the post-2012 period and the fate of the CDM beyond 2012 are discussed based on the current negotiations until now. Following this, the challenge that China needs to face in the post-2012 period is analyzed. Based on the above, the impact of the CDM on China in the long-term are discussed.

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Notes

  1. 1.

    Kyoto Protocol to the United Nations Framework Convention on Climate Change, opened for signature 11 December 1997, art 3, item 9 (entered into force 16 February 2005). Text of the Kyoto Protocol is available at http://unfccc.int/resource/docs/convkp/kpeng.pdf at 9 September 2011.

  2. 2.

    Pan (2006).

  3. 3.

    This data is available from United Nations Climate Change Conference in Bali (2007).

  4. 4.

    Whether the deforestation projects should be included into CDM projects has been under discussion for many years. For more details, see Chap. 2, pp. 28–29.

  5. 5.

    See Reducing Emissions from Deforestation in Developing Countries: Approaches to Stimulate Action, Decision -/CP.13 (2007) http://unfccc.int/files/meetings/cop_13/application/pdf/cp_redd.pdf at 11 March 2008.

  6. 6.

    Ibid.

  7. 7.

    Funding Adaptation in Developing Countries, 4, UN Doc FCCC/TP/2008/6 (2008) http://unfccc.int/resource/docs/2008/tp/06.pdf at 11 July 2008.

  8. 8.

    See Adaptation Fund Draft, Decision -/CMP.3 (2007) http://unfccc.int/files/meetings/cop_13/application/pdf/cmp_af.pdf at 11 March 2011. In the past meetings, proposals to appoint the Global Environmental Facility (GEF) as the Fund’s manager have generated controversies between developed and developing countries for the reason that the GEF operated on the principle of ‘one dollar, one vote’, meaning that its backers-the rich countries-may control the adaptation fund. The establishment of the Adaptation Fund Board was considered to be a significant breakthrough.

  9. 9.

    United Nations UN Breakthrough on Climate Change Reached in Bali (2007).

  10. 10.

    Draft decision -/CMP.5, Further Guidance Relating to the Clean Development Mechanism, para 17, UN Doc FCCC/KP/CMP/2009/16 (2009).

  11. 11.

    Decision -/CMP.3, Further Guidance relating to the Clean Development Mechanism, UN Doc FCCC/KP/CMP/2007/3 (2007) http://unfccc.int/files/meetings/cop_13/…/pdf/cmp_guid_cdm.pdf at 4 May 2011.

  12. 12.

    Ibid s II.

  13. 13.

    Ibid s III.

  14. 14.

    It means that the projects such as cooking with more efficient cooking stoves are allowed to enter the CDM scheme.

  15. 15.

    For more details, see Chap. 2, pp. 44–46.

  16. 16.

    Above n 11, s IV.

  17. 17.

    CCS is a process that captures CO2 emissions and stores them in geological formations kilometers deep inside of the earth. CCS technology involves capturing carbon dioxide emissions from industrial sources and transporting them by pipeline to sites where they are injected into deep rock formations for permanent storage.

  18. 18.

    See UNFCCC, http://unfccc.int/meetings/cop_15/items/5257.php at 1 March 2011.

  19. 19.

    Decision -/CP.15, Copenhagen Accord, art 1, (2009) http://unfccc.int/resource/docs/2009/cop15/eng/l07.pdf at 3 March 2011.

  20. 20.

    As of February 10, 2010, the UNFCCC Secretariat had received submissions from more than 90 countries, representing more than 80% of global greenhouse gas (GHG) emissions, regarding their plans to reduce their GHG emissions and/or their wish to be “associated” with the Copenhagen Accord. Around half of these countries have pledged specific emission reduction targets. China has pledged to endeavor to lower its emissions by 40–45% by 2020 compared to 2005 levels, but does not explicitly mention the Copenhagen Accord in setting these goals. See Bodansky (2010).

  21. 21.

    Above n 19.

  22. 22.

    Ibid art 8.

  23. 23.

    Ibid.

  24. 24.

    Ibid.

  25. 25.

    Ibid art 10.

  26. 26.

    Ibid art 9.

  27. 27.

    Ibid art 8.

  28. 28.

    China announced in the Copenhagen Conference that it would reduce its carbon intensity by 40–45% by 2020, based on 2005 levels.

  29. 29.

    Above n 19, art 5.

  30. 30.

    Draft decision -/CMP.5, Further Guidance Relating to the Clean Development Mechanism, UN Doc FCCC/KP/CMP/2009/16 (2009) http://unfccc.int/files/meetings/cop_15/application/pdf/cmp5_cdm_auv.pdf at 3 March 2011.

  31. 31.

    Ibid para 48.

  32. 32.

    For details, see Chap. 2, p. 45.

  33. 33.

    Above n 30, para 17.

  34. 34.

    Dozens of Chinese wind projects have been delayed or rejected due to concerns over their additionality. The CDM officials claimed that China had lowered its feed-in tariff for wind energy in order to male some projects appear less commercially viable than they really were.

  35. 35.

    Above n 30, para 8.

  36. 36.

    Ibid para 2. It is called Sectoral CDM. For more details, see Chap. 2, pp. 33–34.

  37. 37.

    See G8 Summit (2007a).

  38. 38.

    Ibid.

  39. 39.

    G8 Summit (2007b).

  40. 40.

    G8 Summit (2007c).

  41. 41.

    Its members include the US, China, Japan, Canada, Mexico, Australia and most south-east Asian countries.

  42. 42.

    APEC (2007).

  43. 43.

    See ibid 4–5.

  44. 44.

    Ibid 2.

  45. 45.

    Canada officially joined APP at the Ministerial meeting held in New Delhi on October 15 2007.

  46. 46.

    This is according to The Charter of APP (2006).

  47. 47.

    Eight public–private sector Task Forces were established covering (1) cleaner fossil energy; (2) renewable energy and distributed generation; (3) power generation and transmission; (4) steel; (5) aluminium; (6) cement; (7) coal mining; and (8) buildings and appliances.

  48. 48.

    See Asia-Pacific Partnership on Clean Development and Climate (2007).

  49. 49.

    For more details, see Chap. 2, p. 13.

  50. 50.

    Boer (2007).

  51. 51.

    Above n 19.

  52. 52.

    For Example former vice president of the US Al Gore and world climate scientists acting under the auspices of the UN’s Intergovernmental Panel on Climate Change (IPCC) won the 2007 Nobel Peace Prize for the documentary film An Inconvenient Truth directed by him.

  53. 53.

    Stern and Antholis (2008).

  54. 54.

    Above n 19, art 8.

  55. 55.

    For details, see Chap. 2, pp. 43–46.

  56. 56.

    Capoor and Ambrosi (2009).

  57. 57.

    For example, China did not issue any Letters of Approval that extended past the end of 2012 until recently.

  58. 58.

    For details, see Chap. 2, p. 43.

  59. 59.

    For more details, see Chap. 2, pp. 43–44.

  60. 60.

    For details, see Chap. 2, p. 34.

  61. 61.

    For details, see Chap. 2, pp. 33–34.

  62. 62.

    Bianchi (2006).

  63. 63.

    For more details, see Chap. 2, pp. 39–41.

  64. 64.

    Capoor and Ambrosi, above n 56, 33.

  65. 65.

    Information Note on the UNFCCC (2009).

  66. 66.

    Ibid 6.

  67. 67.

    See World Energy Outlook (2004).

  68. 68.

    See Winning the battle against global climate change (2005).

  69. 69.

    Perlot (2005).

  70. 70.

    See State and Trends of the Carbon Market 2008 (2008).

  71. 71.

    United States GDP Growth Rate (2009).

  72. 72.

    President Bush gave three reasons why the US refused to ratify the Kyoto Protocol: (1) the goals of this protocol could greatly hurt the economy of the US, leading to economic losses of $400 billion and costing 4.9 million jobs. (2) large developing countries, like China and India, are exempted from the reduction obligations under the Kyoto Protocol. (3) there are still some scientific uncertainties.

  73. 73.

    President Bush Participates in Major Economies Meeting on Energy Security and Climate Change (2007).

  74. 74.

    Saran (2008).

  75. 75.

    Ibid.

  76. 76.

    ACES (2009).

  77. 77.

    See Lies (2007).

  78. 78.

    Hatoyama (2009).

  79. 79.

    As mentioned earlier, This debatable bottoms-up approach is to identify carbon-intensive industries, such as power, steel, cement, transportation and building and construction and to set uniform global efficiency norms and lower carbon emission standards for each sector, which added up would then form a national target.

  80. 80.

    Hatoyama, above n 78, 1.

  81. 81.

    Raupach (2007).

  82. 82.

    Ibid.

  83. 83.

    The UNFCCC gives special considerations to some countries. Article4, section 8(h) of the UNFCCC stipulates that’ Countries whose economies are highly dependent on income generated from the production, processing and export, and/or on consumption of fossil fuels and associated energy-intensive products’. Australia belongs to that kind of countries as it is the world’s largest coal exporter and is reliant on fossil fuel for transportation and energy.

  84. 84.

    See Ferguson (2008).

  85. 85.

    The Group of 77 at the United Nations is a loose coalition of developing nations, designed to promote its members’ collective economic interests and create an enhanced joint negotiating capacity in the United Nations. There were 77 founding members of the organization on 1964, but the organization has since expanded to 134 member countries. China is not its member, but it supports the G 77’s claims.

  86. 86.

    Backgrounder: Three major stances in Copenhagen climate change negotiations (2009).

  87. 87.

    Ibid.

  88. 88.

    Wiener (2009).

  89. 89.

    See Saran, above n 74. In spite of 1.15 billion population and 8.5% GDP growth rate in 2007, India’s total emissions are 4% of the global figure and it emits about 1.1 tons of CO2 per capita while the corresponding figure for the US is more than 20 tons. Furthermore, India accounted for only 2% of the cumulative CO2 emissions in the period between 1850 and 2000.

  90. 90.

    Ibid 78.

  91. 91.

    Colitt (2009).

  92. 92.

    Tuvalu was calling for a discussion on what form the final deal from Copenhagen will take. The small island states put forward a proposal for a new protocol—in addition to the Kyoto Protocol—to include the commitments from the US and the other issues such as adaptation and finance.

  93. 93.

    Ahead of Copenhagen talks and small island nations sound alarm at UN on climate change (2009).

  94. 94.

    The EU’s negotiating position for Copenhagen (2009).

  95. 95.

    In the economic science this is called ‘Lock in Effect’.

  96. 96.

    Emission leakage is a concept referring to the problem that emission abatement achieved in one location may be offset by increased emissions in unregulated locations.

  97. 97.

    See the website of Ministry of Commerce People’s Republic of China http://english.mofcom.gov.cn/statistic/statistic.html.

  98. 98.

    For details, see the above n72.

  99. 99.

    For details, see Chap. 3, pp. 68–72.

  100. 100.

    Davidson (2001).

  101. 101.

    Ibid.

  102. 102.

    For more details, see Chap. 4, pp. 118–119.

  103. 103.

    For more details, see Chap. 2, pp. 43–44.

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Jiang, X. (2013). The CDM in China in the Post-2012 Era. In: Legal Issues for Implementing the Clean Development Mechanism in China. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-24737-8_5

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