Study On The Legal Problems Of Carbon Tariff Under The Background Of Low Carbon Economy

In September27,2013, the Intergovernmental Panel on climate change (IPCC)released its fifth assessment report "on climate change", this is the2007assessmentreport, the latest research achievements of the organization for the climate problem.IPCC in the report that, there have been more than95%percent certainty that climatechange is caused by human behavior, but the issue of climate change will be moreserious than we thought. The face of the deteriorating environment and global climatepolitics game. Countries are exploring a way out of line with their own interests, lowcarbon economy as a new economic model to uphold the concept of sustainabledevelopment has become a new trend for the future development of the worldeconomy.At present there are institutional measures associated with the "carbon tariff" ofthe EU and the USA. But in the process of system development has been theinternational community especially the strong opposition of developing countries.They believe that these measures will seriously affect the change and development ofthe world economy and international relations. Therefore, the "carbon tariff" problemis not just an environmental issue, the deep-seated reasons but also for developed anddeveloping countries.In order to deal with the EU aviation "carbon tariff" collection, non EU countrieshave made their own solutions. America is more direct action to the Supreme court. Inorder to derive aviation "carbon tariff" whether to stay on in international law? Thegeneral principle is consistent with customary international law? This is worth us toexplore the problems. In this paper, the author from the origin of "carbon tariff" tostart, in-depth understanding of "carbon tariffs" reasons. A detailed analysis of theEuropean aviation "carbon tariff" is in accordance with the "United NationsFramework Convention on climate change","a book," Kyoto "Chicago Convention"and other legal problems, legal basis to clarify the EU aviation "carbon tariffs". ForChinese EU aviation "carbon tariff" to find a legal basis for. At the same time also toaviation "carbon tariff" influence from the favorable, has analyzed the disadvantagesin two aspects. Finally, summarizes the legal countermeasures Chinese. Indicates thedirection for China’s path to deal with.