교토의정서의 조림 청정개발체제에 대한 법적 검토

The Clean Development Mechanism is one of the market mechanisms created by the Kyoto Protocol in order to offset the carbon emissions of Annex I countries and to promote the sustainable development of non-Annex I countries. The Afforestation and Reforestation Clean Development Mechanism (A/R CDM) has many benefits in terms of sustainable development, but the current emission trading markets have not responded favorably to the A/R CDM project participants. The extremely low registered number of A/R CDM demonstrates essential weaknesses of forestry-based CDM projects': non-permanance, socio-economic impact assessment, and the sovereignty retained for pursuing nation's sustainability objects. The current architecture of CDM rules, however, cannot enhance sustainable development and these rules must be amended to follow accomplish the ultimate goal of the Kyoto Protocol. First, the eligibility requirement must be streamlined. Second, the ownership of CERs must be resolved through entering into a contract that has a provision on sequestration right. A model law specifying nation's legislation related to legal ownership of the CER's legal right needs to be developed. Third, a number of CDM reform proposals must be considered seriously. Discounting the value of CERs arising from particular regions or type, as well as recognizing the deforestation abatement projects as A/R CDM activities are viable options for the post-2012 negotiations. Fourth, a variety of economic incentives and governmental assistance to induce project proponents to participate in the A/R CDM must be provided.