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国际碳交易法律规则存在非统一性和非完整性,在其法律效力上表现出软法性。它在适用上具有易于妥协、促成更广泛、更有效的深层次国际合作等优势,但也具有不利于国际碳交易可持续发展的阻碍作用。其直接原因在于为减缓、适应、资金和技术等四大主题谈判中因“共同但有区别的责任”的不同解释所引发的矛盾,内在表现为该软法制定者背后的政治博弈与利益较量;外在表现为目前国际社会达成的具有强制性的碳交易的法律条约数量较少、国际原则和国际习惯法发展的态势明显、替代性的可操作的法律制度和机制增多但强制力都较弱等。因此,必须强化国际碳交易法律规则的规范化,实现软法的规范之治。
The rules of international carbon trading have non-uniformity and non-integrality and show the soft law in their legal validity. It has the advantages of easy compromise and wider and more effective deep-seated international cooperation. However, it also has a hindrance to the sustainable development of international carbon trading. The direct reason is that the contradictions arising from the different interpretations of “common but differentiated responsibilities” in the four major thematic negotiations of mitigation, adaptation, capital and technology are intrinsically the political game behind the makers of soft law and The external manifestation is that the number of legal treaties with mandatory carbon trading reached by the international community is relatively small at present. The international principles and the development of customary international law have obvious trends. The number of alternative and operational legal systems and mechanisms has increased but the force of force Weaker and so on. Therefore, it is necessary to strengthen the standardization of the legal rules of international carbon trading and realize the rule of law of soft law.