On The Legal Countermeasures Of The Low - Carbon Economy From The Perspective Of The US Anti - Chinese Photovoltaic Products

Because its nature of low-carbon and environmentally friendly, the clean energy is attracting more and more attention from allover the world. Many countries are giving all kinds of supports to the industry of clean energy. Essentially, these supportive policies is conducive to environmental protection. However, in the field of international trade, environmental protection is not always consistent to the rules of trading. As a result of this, the measures which conductive to the environment were always suffering trade litigations and sanctions. For example, in October2011. the United States sponsored countervailing and anti-dumping investigation against to the photovoltaic products which made in China, because they thought Chinese government was offering illegal subsidy to the related businesses. The anti-dumping and countervailing investigation is nothing new to Chinese enterprises, but in the field of clean energy, this is the first time. So, how to handle this is very important. We know that in today’s society, many countries are promoting the concept of low-carbon and environmental protection. So,I will take the China-U. S photovoltaic dispute as the starting point to explore how to effectively deal with such trade disputes in today’s low-carbon background.This article is divided into three chapters to elaborate the appeal issues. The first chapter introduces the background of the dispute. It is divided into two sections, the first section provides an overview of this China-US photovoltaic dispute, so that the reader has a general idea on the merits; because subsidies are the main points of contention in the present case, so section two will introduce the related subsidy policy in China and the United States.Chapter two is the core of this article, it focused on how to deal with this dispute from the point of low-carbon in the WTO dispute settlement mechanism. This chapter is divided into two sections, section one focused on how to use Environmental Exception Clauses. Section two is divided into two parts, the first discusses the consultation mechanisms, the second talks about fuction of the Environmental Non-governmental Organizations in this dispute.The third chapter will mainly talk about how to improve our policies in the clean energy industry to avoid trading disputes. It is also divided into three parts, the first part will about how to improve our policies to adapt to the requirements of the "SCM Agreement"; part two will discuss how to meet the requirements of Environmental Exception Clauses; part three focuses on how to use the Environmental Non-governmental Organizations in a better way.