An Analysis Of The Border Carbon Adjustrent In The Framework Of The Wto

This article focuses on analysis of the legality of carbon tariff underthe framework of WTO, while climate change is one of the greatestchallenges for the international community. From the perspective ofChina, carbon tariff would bring many substantial challenges to itsinternational trade system and its economic development and it shall notbe narrowly equal to trade protectionism, so the analysis is of emergencynecessity.This articles deems carbon tariff a carbon-based border adjustment,and this border carbon adjustment shall be in consistence with WTO rulesand regulations if it is carefully designed.Chapter 1 is the background of carbon tariff. It is the purpose of boththe United States and France, attempting to stress China and India toburden mandatory responsibilities of cutting greenhouse gas emissions. Then this article stipulates that implementation of the carbon tariff shallbecome a mainstream mechanism in environment protection process.Chapter 2 is the analysis of the relevancy between the carbon tariff andthe WTO system, in the author's opinion, it is essentially a kind ofcarbon-based border adjustment measures and its legality shall resort tothe WTO system. Chapter 3 is the analysis of carbon-based borderadjustment measures consistence with WTO rules. Combined with WTOcases, the author does the research on the principle of National Treatmentand MFN principle, GATT Article 20. And the conclusion is that, withinWTO framework, carbon-based charges levied on imports are notexcluded from WTO rules, contrarily it is allowed within the WTOframework due to its environment protection function, when it would notconstitute a means of unjustified discrimination or a disguised restrictionon international trade.