Study On The Theory Of Carbon Tariff In International Law

Global warming has reached a point where can not be ignored,the Countries all over the world have realized the importance of carbon reduction.The "Paris agreement",which came into effect in 2016,opened a new round of energy saving and emission reduction.The difference of emission reduction responsibility has aroused strong dissatisfaction of the United States and other countries,The reason is that the mandatory emission reduction measures will weaken the internationalcompetitiveness of domestic products and cause carbon leakage problem.Therefore,The United States and other countries in order to fight for more leadership in international trade,taking advantage of national technology and capital,Put forward the "carbon tariff" measures to force developing countries to participate in the mandatory emission reduction ranks.The main part of this article consists of introduction,text and conclusion.The introduction part mainly analyzes the theoretical and practical significance of choosing this topic,the research status and research methods at home and abroad.The text from the carbon tariff background,theoretical knowledge and whether in line with the relevant regulations of WTO,from these three major parts describe in detail.The first part is to discuss the causes of carbon tariffs,including the reason of environmental pollution,carbon emission reduction is the trend;the historical reasonthe" Kyoto Protocol" stipulated that each country undertakes different emission reduction responsibility,which causes the dissatisfaction of developed countries.The political and economic reasons are the most fundamental reason.The purpose of the developed countries to implement the carbon tariff is to maintain their international status and protect their competitiveness.The second part is the research on the basic theory of knowledge about carbon tariff,this part starts with details,analysing the principle of economic of carbon tariffs from the angle of economics;Using the method of comparative study,to investigate the properties of carbon tariff;using the summary method,discusses the concept and characteristics of carbon tariffs and it's forms.This paper makes a comprehensive exposition of the basic theory of carbon tariff,which is an important prerequisite for further study of carbon tariff.The innovation of this part of the author is to make a distinction between the existing model of carbon tariffs,and to determine the nature of the carbon tariff is also identified Separately.The third part is the focus and difficulty of this paper,which is to study the Correspondence problem between carbon tariff and the purpose of WTO,the general rules,exception provisions.Most scholars hold a negative attitude towards the legitimacy of carbon tariffs,In this part,according to the relevant cases which analyze the keywords of WTO principles and different views of previous scholars,the auth dialectically expounded her view,finally,the conclusion is drawn that the carbon tariff can obtain the Legitimacy basis WTO rules.I n this part,although the PPMs standard can not be used as a factor in judging similar products in the principle of national treatment,author's innovation lies in making a new understanding about the relationship between "NPR-PPMs standard,and "carbon tariff',which makes up for the vacancy of the part of the study.Author also gives a different understanding of whether carbon tariffs are in line with the"essential requirements".In the conclusion part,the author summarizes the carbon tariff can obtain legal support from the general principle of WTO and GATT twentieth general exceptions under the framework of WTO,carbon tariffs have legitimacy.Moreover,the author predicte the possibility of carbon tariffs in the future from the attitude of Europe and the United States 'technology,the gradual expansion of carbon trading markets around the world.