On Interrelations of Legal Regimes Regarding Reducing Greenhouse Gases —A Review of the Draft to Combating Climate Change Act

Rationalizing the relationship between the carbon emission right, carbon tax and low-carbon standards is a key issue in the legislation of combating climate change. The carbon emission right and the carbon tax are mutually-exclusive and they cannot be applied to the same emission source at the same time. Considering the advantages and disadvantages, the former is proper to be applied to large emission sources while the latter is proper to be applied to small and medium emission sources. Likewise, the carbon emission right and low-carbon standards are mutually-exclusive. As for the emission source to which carbon emission right cannot apply, low-carbon standards can apply. As to the emission source to which carbon emission right has applied, low-carbon standards should not apply at the same time. There is no mutual exclusion between carbon tax and low-carbon standards so they can be applied to the same source if necessary. The Combating Climate Change Act should pay attention to deal with interrelations of the legal regimes regarding reducing greenhouse gases to avoid institutional conflicts.