Research On Carbon Tariff In The Context Of Normativism

The normativism is the basic research method of the law on social phenomena,so is international Law.This paper applies the normativism to give an analysis of the EU civil aviation "carbon tax" and USA carbon tariff in the context of international law and the WTO law.The normativism and functionalism are the two mirrors of laws,the former of which is the baseline of interpretation of law.In the context of EU laws and WTO laws,the "unification" or "consistency" of interpretation in EU laws or WTO laws provides a basic framework for further analysis of carbon tax or tariff.Part I gives an introduction to EU carbon tax and USA carbon tariff,the former of which is referred to as "Civil Aviation Carbon Tariff' or CACT,the later hereof referred to as "Goods Carbon Tariff' or GCT.Actually,both the CACT and the GCT are the carbon emission allowance allocated under carbon emission trading system.Especially,The GCT provides for differentiated treatment for developed and developing countries with respect to carbon emission calculation and allowance.Part II gives a response to whether CACT and GCT are actionable under WTO laws.With respect to CACT,CACT may not be actionable under WTO laws in accordance with Article 2 and 3 of GATS-Annex on Air Transport Service.However,the GCT is actionable under WTO laws.Part III gives an analysis with respect to whether CACT violates international custom laws and international treaties under EU laws.This paper,based on gives a test of the principle of Common but Differentiated Responsibilities and the treaties between China and the member states of EU under the special conditions as prescribed in the Reference for a preliminary ruling by European Court in the Airport Transport Association of America etc.Vs.Secretary of State for Energy and Climate Change case.Part IV gives an analysis the validity of GCT under GATT laws.Firstly,with respect to extraterritoriality,extraterritorial validity of measures of a country has been indirectly recognized by WTO Appellate Body in the US-Shrimp case,especially for international environment protection;secondly,with respect to whether GCT is the Border Tax Adjustment,this paper gives a brief introduction to the history of BTA and the standards proposed by BTA Work Team in 1970.Actually,GCT is not a kind of tax but a kind of BTA-like administrative measures;finally,based on the three-step test proposed by the WTO Appellate Body in the US-Shrimp case with respect to GATT Article 20(g),it may be believed that GCT may be valid under GATT laws if it is further improved.Part V provides a recommended solution to CACT and GCT.Firstly,China shall have a further and deep negotiation with EU and USA on carbon emission reduction,and try best to conclude some treaties with respect to specific targeted reduction or allowance quantities with EU and USA;secondly,the EU and USA legislation,especially the Australian legislation,implied that it is better not to establish our Carbon Emission Rights system under civil system;finally,we shall further improve and perfect the energy-saving and emission reduction laws in connection with emission trading system.A law covering all aspects of energy-saving and emission reduction will be a better solution.