Construction Of The Legal System Of Carbon Tariffs

Global ciimate change problem has been the world’s attention, the giobal greenhouse gas emission reduction policies in an international context. Initially, the environmental issue or concern to people confined to a country’s own internal problems, and does not go beyond national borders. The European Union and the United States and other developed countries have domestic legisiation on climate change, Therefore, the origin of the Environmental Protection Act, a State’s domestic law. However, climate change is not as traditional environmental issues, it belongs to the giobai environmental problems. This paper argues that international law should play an important role in the world’s climate change mitigation.Since the adoption of the United Nations Framework Convention on Climate promote or the Kyoto Protocol, developed countries in their domestic climate change iegisiation to develop the terms of the carbon tariffs, carbon tariffs as an important means of mitigating climate deterioration, and that their position. However, according to the provisions of the United Nations Convention on Climate Change and the Kyoto Protocol, developed countries must bear the responsibility of the carbon reduction, developing countries do not bear the responsibility of the specific amount of carbon emission reduction. Therefore, Europe and the United States and other developed countries in their domestic climate legislation specifies the terms of the carbon tariffs, in order to suppress the developing countries and their carbon emission reduction obligations to implement the same standard, this is undoubtedly a great challenge and crisis to developing countries.Europe and the United States and other developed countries the main purpose of the carbon tanriff for Chinas energy saving. However, China is a responsible big country, in response to global climate change, reduce greenhouse gas emissions, many efforts have been made.This paper first describes the background of carbon tariffs, and the basic theory of the legal system of carbon tariffs, and the basic tneory of the basis of a detailed analysis or Europe and the United States and other developed countries to impose carbon tariffs on the purpose of its possibilities. Secondry, a brief analysis of carbon tariffs in the European Union and the United States legal system and to compare carbon tariffs standing in Europe and the United States point of view, they are actively implementing carbon tariffs on the terms of an advocate. Again, by the above discussion, this paper presents the legal system of carbon tariffs, should build an international level to build the international level, the legal system or carbon tariffs, and it must adhere to the "common but differentiated responsibilities" and "special and differential treatment" and "the principle of proportionality and the basic principles of substantive ruies, and international carbon tariff legal system built ideas. Finally, and from international and domestic level, China should be how to respond to recommendations or carbon tariffs, the legal system. In the international arena, China should actively carry out "environmental diplomacy" to insist on the historical per capita cumulative emissions, the implementation of the principle of common but differentiated responsibilities, actively participate in international carbon emissions standards development; at the domestic level, China should be legislation to support technological innovation, speed up upgrade of the domestic economic structure, the development of low-carbon green economy, reduce carbon mild eliminate impose carbon tariffs on reason.