Research On The Legal Regulation Of "Carbon Tariff"

Western countries have been implementing transaction system of carbon emission, which weakens the competitive power of their native related industry and cause carbon leakage. So these countries try to adopt carbon tariff methods to overcome those weaknesses in order to reach the goal of reducing the emission of greenhouse gases, which brings out a problem whether carbon tariff is legal with regard to multilateral climate agreements. However, in another hand, carbon tariff measure affects the international commerce, that is to say, it will hinder market access of developing countries. This brings out a problem whether carbon tariff is legal with regard to WTO rules. Carbon tariff measure relates to both environment protection and international commerce and connects to both multilateral climate agreements and WTO rules. So attention should be paid to the legal regulation of carbon tariff. However, in fact, there is problem that the regulation can't take both environment value and commerce value into account, so it is necessary to develop and improve the legal regulation of carbon tariff.SectionⅠtalks about the object of legal regulation of carbon tariff--carbon tariff measure,and expound the meaning of legal regulation. Carbon tariff measure has plenty content and complicated characters, and it relates to both environment protection and international commerce, which leads to the conflict between climate and commerce. While, the aim of legal regulation is to take different interests into account in order to gain the best effect.SectionⅡexplains the reason to legally regulate the carbon tariff. Carbon tariff measure has a widespread influence and connects with many values. It has both passive functions and positive functions, which warns that we shouldn't do with carbon tariff casually and it is necessary to balance it compositely. In addition, it is a great challenge how to choose the quality and measure the quantity when regulating.SectionⅢdetails the principles with which regulation should comply:paying equal attention to both effectiveness and equality, as well aw taking both commerce and environment into account.SectionⅣanalyzes the fact of regulation, discovers the problem and explores corresponding reasons. At present, WTO rules and multilateral climate agreements can be applied to regulate the carbon tariff, which has two defects:the first one is that there is uncertain about the legality of carbon tariff; the second one is that it cannot pay equal attention to different values.Section V provides views and suggestions to improve the carbon tariff regulation, respectively discusses the strategies of regulation from international level and domestic level. The later,at present, is a necessary supplement to the former.The Conclusion emphasizes that the legal regulation still should be improved, especially from the quantity side. In view of the irregular statement of carbon tariff regulation, special strategies also should be taken by every country itself based on its interest when it faces the legal regulation of carbon tariff.