The Study About The Legality Of Carbon Tariffs Under The WTO Framework

Increasingly serious global climate change, have a profound impact on the world, is one of the huge challenges facing the world. To this end, the world extensively in various forms of international climate cooperation, and has formed a preliminary to the United Nations Climate Change Framework Convention and the Kyoto Protocol based on the International Climate Legal System. Along with the increasingly serious problem of global climate, the countries hope the climate conference in Copenhagen can form an effective way to resolve this issue, and further confirmed that the Congress of2012, countries should bear the responsibility for emissions reductions, but its fruitless. Undoubtedly, the United States and the European Union and other developed countries as a major emitting countries should take measures to effectively undertake emission reduction obligations. The fact is that in the United States, despite the Obama administration a positive attitude, and announced a17%reduction in2020, but the attitude has been before the Congress of uncertainty, and even rejected in2008was intended to specify how the emission reduction "benefit Berman-Warner climate bill." Currently, the EU has been more detailed carbon emissions trading system, the United States in2009"Clean Energy and Security Act", and established the "cap-and-trade system. However, despite the EU carbon emissions trading system "or the current" cap-and trade system ", require the importer to pay the corresponding taxes and fees according to the amount of CO2emissions in the production process of its imports the so-called "carbon tariff’. However, developing countries do not believe that this "carbon tariff" can play a role in global climate change, Instead, they generally believe that this is actually a new kind of taken by the United States and other developed countries in the new international environment trade barriers, is a new manifestation of trade protectionism. Based on this, under the WTO framework, trying to the basic principles of the WTO, the GATT20and the United States in2008,"Lieberman Warner climate bill three perspectives to explore the legality of the" carbon tariff ", the final up will be located in the main strategy for China to cope with a "carbon tariff’. The author that the above three perspectives:(1)"carbon tarif" of the legal nature should be located in the GA the TT border tax adjustment;(2)"carbon tariff’ under the WTO framework can be recognized as legitimate, but the United States,"Lieberman-Warner climate bill" carbon tariff "the legitimacy test, found that" carbon tariff "is not legitimate.(3) China’s coping strategies should focus primarily on the level of domestic law.