Research On Carbon Emission Right Allocation Subsidies Under WTO Rules

Human beings have been aware of the dangers posed by global warming in the condition of increasingly serious environmental problems. These hazards will affect not only our living environment, but will also affect the continuation of the human race. In such a context, from192countries worldwide have signed the United Nations Framework Convention on climate change, and has acceded to the Kyoto Protocol, to address the global climate crisis. The Kyoto Protocol set mandatory reductions for some States parties of their obligations, which qualified the highest emissions. Therefore, carbon emissions quotas this term came into being. Current is limited to mandatory emission reduction obligations of States, more choice in their domestic carbon emission right allocation established mainly to free distribution system. Government by means of a free government carbon emission rights under the Kyoto Protocol assigned to domestic industries and enterprises. Because carbon emissions are Europe and other developed countries to allocate their own carbon-intensive export-oriented enterprises, for these specific industries, companies under the CAP system to minimize the impact on, and keep it in the rush of competitiveness on the international market. Thus, the free allocation of emissions rights allocation system constitutes a subsidy under WTO rules. For the actual situation of different countries, assigned the individual constitutes a type of subsidy also varies. Australia’s carbon emission right allocation constitutes a prohibited subsidy, while the European Union and the United States constitute actionable subsidies. But have to admit, mature carbon emission right allocation system in Western developed countries and its perfection of legal guarantee system is worthy of our study. Although China did not currently need to assume mandatory emission reduction obligations under the Kyoto Protocol, but as the world’s largest developing country, China has to danger. These days China’s carbon emission right allocation system using the free distribution model in Western developed countries, however are still at the initial stage of China’s carbon emissions rights allocation system still has many problems, such as ambiguities in carbon emissions limits, inadequate legal systems, distribution problems, such as lack of regulatory mechanisms. Therefore, China needs to move on in constantly exploring. Although the free distribution model in Western developed countries constitutes a subsidy under WTO rules. Based on China’s economic development and their interests, continue to adhere to the free allocation of carbon emission right allocation system as the primary model. But still need to establish it as a historical emission issued as free carbon emission quota allocation criteria, the establishment of carbon emission right allocation of tripartite oversight mechanism, improving the legislation of the system of technical measures such as avoiding special risks reduce the risk constitutes a subsidy in several ways. On the premise not affecting the development of China’s economy and to reduce greenhouse gas emissions, increase energy efficiency, creating an environment-friendly society.