Carbon Neutrality in China and the Role of Carbon Dioxide Removal (CDR): A Legal and Policy Analysis

Abstract

The achievement of net-zero emissions is in line with the Sustainable Development Goals (SDGs), mainly SDG 7 (Affordable and Clean Energy) and SDG 13 (Climate Action). In the debate on various options to achieve carbon neutrality before 2060 in China, scholars and practitioners have been mainly focusing on the decarbonization of the coal power sector and the transition to renewable energy, while the development and employment of carbon dioxide removal (CDR) technologies to remove CO2 from the atmosphere have not yet received sufficient attention. The corresponding legal research remains a gap. This chapter aims to explore the regulation of three categories of CDR techniques in China and the role of CDR in the mitigation policy portfolio for carbon neutrality. The chapter first describes the status quo of the policy setting of the commitment to carbon neutrality and the features of the main CDR techniques. Then, via examining the current legal and policy frameworks for CDR in China, three regulatory gaps are identified: the underdevelopment of explicit regulation on CDR, the inconsistency with international law in regulating ocean-based CDR, and a lack of financial and market mechanisms. Third, this chapter provides suggestions on the future development of CDR in contributing to the achievement of carbon neutrality in China. The chapter concludes that the supplementary role of CDR in achieving carbon neutrality needs to be recognized by future climate policy. The implementation of different CDR techniques should be managed appropriately to avoid the unbalancing between carbon neutrality and other Sustainable Development Goals.