Research On The Challenges And Legal Countermeasures Regarding To Trade Barriers Of "Carbon Tariff"

After the United Nations climate conference in Copenhagen, the response to climate change and the development of low-carbon economy has increasingly become the consensus of the international community. In this context, the developed countries led by the United States and the European Union seek to change the current issue of global warming in the form of carbon tariffs, have introduced bills and measures to impose carbon tariffs. Such as the United States passed the "American Clean Energy Security Act" in2009, which provides the American for the right to impose carbon tariffs on imports products come from the country which are not implement carbon emission reduction quotas. The bill is to take effect from2020. While the EU was adopted the Decree2008/101in2008, decided to make the air transport into EU greenhouse gas emissions trading system since January1,2012, which formally established the aviation carbon tariff system. In their essence, carbon tariffs, the name of environmental protection, the line of trade protection of the real. This made a serious impact and challenges to the development of our country not only in economic but also in legal environment. Faced with this difficult challenges, China should take precautions to make positive measures to cope with.This article is based on the above considerations, make the research on the issue of carbon tariffs.The first chapter analyzes the nature of the carbon-tariff trade barriers, introduces the cause and legal characteristics of the phenomenon of carbon tariffs, demonstrates the illegal and barriers of carbon tariffs from a legal and empirical point. Chapter two describes the carbon tariff legislation in the European Union and the United States, analyzes the similarities and differences between them, provides the legal basis for China’s effective response to carbon-tariff barriers. The third chapter discusses the challenges and impact of carbon tariffs on economic development and legal environment. The fourth chapter proposes effective countermeasures to deal with the problem of carbon tariffs from a legal point of view. The specific legal countermeasures commence from the international and domestic law level. In international law level, we have to strengthen the international negotiations on the Free Trade Area of the legal system to resolve the carbon-tariff trade barriers, implementation of counter-measures, make full use of the WTO dispute settlement mechanism and seek exemption. In domestic law level, we have to improve China’s environmental protection legal system, start carbon tax legislation to improve our response to carbon tariffs, in order to preserve our economic interests.