Research On Legal Problems Of Carbon Tariffs

Global climate change is increasingly serious and it has influenced the survival and development of mankind profoundly. In order to reduce the emissions of greenhouse gas and slow down the speed of global warming effectively.countries around the world have carried out various forms of international cooperation. However, differences exist in rights and obligations prescribed by conventions about international climate change and environmental fields between north and south countries, which usually make the international climate negotiations stalemated. Developed countries try to take unilateral measures to force developing countries to bear the obligations of emission reduction with the excuse of competitive power loss and carbon leakage. The trade conflicts caused by environmental problems have deeply touched the core interests of all countries,which have become the new focus in the game of economy, politics and diplomacy in present world. Measures of carbon tariff is based on such background.This paper, based on the background of carbon tariffs, the nature of carbon tariff is defined after the analysis of carbon tariff and related concepts:it is a kind of border adjustment measures rather than normal tariffs; Then the legislation practice of carbon tariffs in the US and Europe is introduced and the analysis of feasibility of carbon tariffs in the WTO rules is done.The paper illuminates that the carbon tariffs in present society do not conform to the international convention on climate change principles and specific provisions under the framework of WTO. Focus is put to discuss the choice of our country to deal with carbon tariffs:Establishing carbon tax law of China, building our own carbon emissions trading system and adopting other related measures.