On The Legal Responses To Low-carbon Trade Barriers

After the Copenhagen Conference, how to control greenhouse gases emission, how todevelop low carbon economy have become the focus of widespread concern. In order to meetthe need of human’s life and production, we have consumed most of the resources on the earth,and we are still excessive exploitation and utilization of the few remaining resources. Seriousoverdraft of resources is far more than the earth’s carrying capacity. If we do not wake up, ourlast day will be closer and more and more quickly. Our habitat have troubles, at the same time,we also dig our own graves.Environment is global issue instead of a country or region’s thing, therefore, it needs ourjoint efforts. Developing low carbon economy, cutting down the carbon dioxide emissions arenot purely the environmental issue of delaying climate warming, but also a tendency of lowcarbon times coming. Low carbon economy is bound to lead a new Technology Revolutionand becomes a new driver of economy growth. When we advocate low carbon concept and todevelop low carbon economy, Trade Protectionism comes in succession in the form of lowcarbon trade barriers. Low carbon trade barriers are born from the world trend of low carboneconomy and inevitably exist in world trade mainly in barrier form. This will be a new hugeimpact on our foreign trade and spread to most part of our foreign trade. Meanwhile, it’s anenormous challenge for the construction of our relevant legal law system and surely will haveprofound effect on our politics and economy.What we have to do is to face the low carbon trade barrier and find the bestcountermeasures for low carbon trade barrier to minimize those adverse factors of our foreigntrade. We should find the beneficial parts the low carbon trade barrier brought to us and makewell use of these benefits to help us breakthrough low carbon trade barrier, enhance ourcountry overall economic strength, and defeat the will that those developed countries headedby American limit our foreign trade development by virtue of low carbon trade barrier. Withthe advent of the low carbon times, our country should on the basis of fully understanding oursituation and look for the way which correspond the world development to adapt to lowcarbon economy. Not only should we make corresponding laws and countermeasures, but alsowe must have periodical development goals to deal with low carbon trade barrier and make feasible priority action plan. This is our correct attitude to deal with low carbon trade barrier.We not merely avoid negative effect the low carbon trade barrier caused and stand up to it,but also consider it as the opportunity of our economic transition, take full advantage ofinvestment opportunity the low carbon times provides to us and strive for becoming aeconomic power.This thesis theoretically elaborates the similarities and difference between the lowcarbon trade barrier and traditional non-tariff barriers by means of analyzing the practicalsituation we met in foreign trade and numerous influences produced by low carbon tradebarrier. The paper carries on the analysis from two aspects. Domestic level: the developmentof export products with low carbon standard, the amendment of the tax law, construct andperfect the carbon trading and carbon labelling system, strengthen the protection of domesticproducts, low carbon low carbon released perfect information collection mechanism and earlywarning mechanisms; international level: actively carry out environmental diplomacy,legislation activities, to participate in the international rules of low carbon trade to strengthenthe learning rules of WTO and prepared to deal with the litigation preparation. In addition,this thesis explores the countermeasures against low carbon trade barrier, which hastheoretical and practical significance for further development of our foreign trade.