Legal Issues Aviation Carbon Tax

Since China’s accession to the WTO, technical trade barriers have graduallyreplaced the traditional trade barriers and become the protagonist of conflicts ininternational trade, the green trade barrier is one of the most important forms. It preventsthe development of China’s agricultural products, textiles, furniture and othermanufacturing export；Many scholars have put forward feasible measures. But it’s nodoubt that it gives a head-on blow to our country’s international air transport industryand an alarm bell to the air transport industry because the EU put forward new aviationcarbon tax. However the domestic and foreign aviation industry in response to the face ofthe green trade barriers slightly disordered, the EU tried to borrow the legal coat ofenvironmental protection, to international aviation trade barriers in reality. Just the newtype of green trade barrier model would greatly restrict the development of Chineseinternational air transport which is now rising.This paper attempts to accord to the understanding the essence of aviation carbontax,combined with the causes and sources of law, and analysis its legitimacy, refer to theUnited States, European countries’ practical experience, put forward some suggestions tothe aviation carbon tax legislation suggestions and technical measures, to deal with thegreen trade barrier.In addition to the introduction and conclusion, the full text is divided into fourchapters, about25000words.The first chapter: aviation carbon tax overview. First, defines the meaning andessence of aviation carbon tax; secondly, elaborates four legal characteristics of aviationcarbon tax; finally, expounds the causes of aviation carbon tax from two aspects ofinternal and external causes.The second chapter：The legal origin of the carbon tariff. First elaborates carbontariffs on international source of law, including international conventions and customaryinternational; next discusses carbon tariffs on domestic source of law, including domestic environmental legislation and environmental technologies related to environmentalprotection standard.The third chapter：The EU aviation carbon tax impact on China. First, discussesthe impact of aviation carbon tax on our existing legal system, including highlights thevulnerability of our legal system and blank, reflects the derailment of the system ofenvironmental standards in China, reflects China’s carbon tax system is not perfect;second, the impact of aviation carbon tax on our international air industry, mainlyaviation carbon tax on the international market share of China’s air transport industry, theexisting management mechanism of the air transport industry and related industries.The fourth chapter: measures to respond to the EU aviation carbon tax barriers.First, questioned the legitimacy of the EU aviation carbon tax. It is contrary to thecommon but differentiated principle, the relevant provisions of the Kyoto Protocol aswell as the relevant provisions of the International Convention on Civil Aviation; secondexpounds non-EU countries’ measures to respond to the EU aviation carbon tax; Finallyelaborates our measures to respond to aviation carbon tax, including the legalisticmeasures and technical measures two aspects. The former include improve thenegotiations and formulate and enact domestic laws and regulations, the establishment ofthe legal system of China’s carbon tax, and actively participate in international standardsand new rules and make full use of the existing WTO legal mechanisms. The latterinclude three aspects: increase investment in science and technology and develop the newtechnologies；Optimize route structure to reduce energy consumption and carbonemissions; change management mode and macro-control of the air transport industry.