一、前言气候变迁已经成为全球最大的挑战之一,各国的法律学者以及立法者,都在思考法律如何有可能有效地因应气候变迁的挑战。多半的讨论集中在哪一种制度能够最有效率地减量或促成能源替代。然而,在个别制度的良窳与比较之外,法律响应气候变迁的问题局限却没有被清楚地界定和厘清。现在的法律因应是在既有的法律架构 I. Introduction Climate change has become one of the biggest challenges in the world. Legal scholars and legislators in various countries are contemplating how laws are likely to respond effectively to the challenges of climate change. Much of the discussion has centered on which regime is most efficient at reducing or contributing to energy substitution. However, the limitations of the legal response to climate change have not been clearly defined and clarified in addition to the comparative advantages of individual systems. The current law should be in the existing legal framework