Carbon Triff: Checks And Balances Between WTO Rules And Domestic Laws

In the American Clean Energy and Security Act, which was passed in 2009, the United States establishes a new scheme, called carbon tariff, which is aimed at levying taxation on"covered goods"imported from"covered foreign countries". The scheme sets off a frenzy of argument in international society. For years, the international society has presented much resentment to U.S.'s refusal to sign"Kyoto Protocol". And U.S. seems much enjoys such reputation and keeps on its negative attitude towards carbon emission reduction. But things changed. The Clean Energy and Security Act represents that the U.S. has decided to take up active efforts on carbon emission reduction. In accordance with the Act, not only the domestic producers of"covered goods"should pay certain amount of carbon taxation towards the government, but also domestic importers of the"covered goods"should undertake such duties. However, since such scheme would bring in much fluctuation to the international trade, worries have been rising. Has the U.S. realized its superpower responsibility in international environmental problem, or there lies in some other drivers? How much will be the influence brought by the carbon tariff scheme on world environment and international trade? Will it be positive, or negative? Will the legislation of other countries be changed in order to adapt to the tide resulted from the execution of carbon tariff? Will the scheme of carbon tariff bring some gospel to the reduction of carbon emission? Does the scheme conform with the WTO legal system? Should we expect a chain effect after the U.S. executing its carbon tariff scheme, having more and more countries drafting rules on carbon tariff collection?Different from the existing research on carbon tariff, which has been mostly focused on determination on the nature, analyzing the background of and the possible impact resulting from the collection of carbon tariff in a mathematical and statistical way, this thesis carries on its progress on the basis of the theories concerning the relationship between international law and domestic law. And combining with the relevant cases under WTO, a detection on the validity of carbon tariff to WTO rules and the mutual relationship between them has been conducted. Such research method proves to be innovative.This thesis can be divided into four chapters, separately as follows:Chapter 1 begins with the background and legal theory of carbon tariff. Based on the stipulation set by some relevant laws and regulations of the United States, the context gives a discussion on the causes of the birth of carbon tariff and its basic system design.Chapter 2 basically focuses on the legality of the U.S.'s carbon tariff stipulation to WTO rules. The discussion is divided into three parts: nature of carbon tariff, carbon tariff and nondiscriminatory principle, and the conformity of carbon tariff to GATT XX.Chapter 3 concerns about the possible chain effect in international society after the U.S. established the carbon tariff scheme. Further efforts are devoted to discuss the checks and balances between trade laws and environmental laws.Chapter 4 draws attention on the impact on China from U.S.'s carbon tariff scheme. Integrating with the basic theories about the mutual relationship between domestic law and international law, a hot topic is to be mentioned, that is whether China should take the initiative and begin to collect carbon tariff after the execution of common carbon tax in the near future.The unique feature of this thesis can be summarized as below:1. To be prospective for rare research fruits in current academic circles;2. To be legal professional for mainly discussing the subject from an legal angle rather than in a mathematical or statistical or economic way3. To be more incisive for discussing the relationship between domestic law and international law through analyzing the carbon tariff case;4. To be practical for giving advices to China's society on the basis of China's national conditions to meet with the challenges resulting from carbon tariff.