Study On The Legality Of The Carbon Tariff Under The WTO Legal Framework

In June, 2009, U.S. House of Representatives has passed American Clean Energy and Security Act of 2009, which has aroused a heated discussion of the"legislation for carbon tariff". Although this Act has not been adapted and carried on officially, its influence is quite significant. It implies that EU and US may probably take unilateral actions to force developing countries to reduce emmition. As we questioning and objecting to the"legislation for carbon tariff", we should take more positive steps to inquire its legality under the framework of WTO, initiate international conversation and negotiation, and discuss the solutions.This paper analyzes the legality of the"legislation for carbon tariff"from two point of views: generally discuss the possibility of legality of the"legislation for carbon tariff"and specifically study whether the concrete article of the Act complies to the WTO regulation. The author concludes that for the general meaning of carbon tariff, although it is contradict to the border tax adjustment potentially, it is corresponded to Article20 of GATT and can be exempted according to WTO environmental exception. But to the concrete carbon tariff measures, such as Lieberman-Warner, the specific article is not accord to the national treatment and most-favored-national clause, and contradicts the current WTO rules.