The Study On Legal Issues Of Carbon Tariff In The Perspective Of International Law

In recent years, carbon tariff has caused international society of extensive concern, and the debate about carbon tariff is very fierce.therefore, it’s necessary to study on the legal issues in relation to carbon tariff deeply. The author uses comparative analysis, case analysis, text analysis and other research methods to define the legal nature of carbon tariff, compare the legal system about carbon of the European Union and the American, at the same time analyze the compliance of carbon tariff and WTO rules.in addition, considering implementation of carbon tariff will have big impact on our country, the author puts forward some measures, in order to make our country fully prepared to deal with carbon tariffs on the theory and the practice.The main structure of this article is divided into five parts:the first part is overview of carbon tariff, mainly introduces the concept, origin and development of carbon tariff, analyzes the legal nature of the carbon tariff, points out the difference between the carbon tariff and the carbon tax, and puts forward the dual nature of the carbon tariff; The second part analyzes the legal system of the European Union and the United States about the carbon tariff, focus on the EU’s emission trading system and two acts in the United States; The third part studies the compliance of carbon tariff and WTO rules including the Most-favoured-nation treatment, National treatment, GATT Article XX Exceptions, and get the conclusion that Carbon tariff is not in violation of the WTO rules; The fourth part summarizes global climate change conferences to find out the development and change of the carbon tariffs; The fifth part analyzes the impact of carbon tariff on economy, export, climate negotiation and environment protection of our country, then put forward some measures from domestic and international aspects such as impose carbon tax, establish ETS, develop low-carbon economy, insist on The principle of Common but Differentiated Responsibility and strengthen communication and cooperation with other countries, etc.