Research On Carbon Tariff Laws In WTO System

According to the principle of common but differentiated responsibilities for climate change of developing and developed countries in the Kyoto Protocol, developed countries had to accept cuts in emissions. Some developed countries have established emissions trading schemes to achieve the specified reduction target, and such systems have increased the production cost of their domestic companies. while developing countries with no legally binding commitments do not establish emissions trading schemes, thus they commit the different cost from developed countries when manufacturing goods of the same kind. Consequently. developed countries have submitted that carbon tariff should be imposed on the exports of high-carbon products from these developing countries to developed ones. Although carbon tariff does not conform to relevant rules of WTO and GATT1994, it is still the need for its existence in the conflict between environmental protection and free trade under the WTO system. However. the disadvantages are so obvious that a large number of developing countries can not accept it. So it is a clever way of dealing with carbon tariff to establish emissions trading scheme under WTO. which will contain the unilateral measure of developed countries. As a result of the differences of carbon markets as well as carbon reduction targets of different countries, a comprehensive consideration of the differences in systems of the member countries is necessary before establishing emissions trading scheme under WTO. which will enable the system to be systematically and effectively established step by step. To solve the problems about carbon tariff, China should contribute to the establishment of emissions trading scheme, trying to establish its own scheme to improve the carbon market, to achieve the maximum fusion of China and international emissions trading schemes under WTO, and to completely eradicate such unilateral measures.