Conflicts In The Application Of WTO Rules To Carbon Trade Mechanism And Their Coordination

Due to excessive human emissions of greenhouse gases, global climate change degree deepening, on climate and environment of national concern degree also continue to strengthen. The international community also began to advocate publicity for the development of mandatory legal regulation. Under the United Nations Framework Convention on climate change and the "Kyoto Protocol" joint promotion, world main countries and regions are gradually created carbon emissions trading system, the introduction of the system and operation in a certain extent, curb the excessive emissions of greenhouse gases. With the improving and perfecting of the international laws and regulations, carbon emission rights the virtual new things with the corresponding economic value, it drives trade is also very active, so a and carbon related trade market emerges as the times require. In the present stage, trade and carbon related rules of international trade main source to the United Nations Framework Convention on climate change "(hereinafter referred to as" the Convention ") and the" Kyoto Protocol ", carbon trading mechanism and WTO rules did not produce close contact. However, carbon trading as a transaction volume is huge, the outlook is generally optimistic about the emerging trade, the and the WTO rules will produce a wide range of topics and cross linked is the objective existence of the facts. However, due to the carbon emission permits trade rules and the rules of the World Trade Organization in a different purpose, the former bias on climate and environmental protection, while the latter is more focus on the liberalization of international trade in, causing the carbon trade mechanism and the WTO rules to produce a wide range of issues on the cross at the same time inevitably contains many uncoordinated even implies a lot of potential conflict. Such as carbon trading and the tariff and trade general agreement on(general agreement on Tariffs and trade, GATT, hereinafter referred to as " the GATT " relationship, carbon trade and the service trade general agreement on relationship(general agreement on trade in services, GATS, hereinafter referred to as " GATS "), carbon trade may be implied subsidies behavior is a violation of the agreement on subsidies and countervailing measures "(agreement on subsidies and countervailing measures, agreement on SCM, hereinafter referred to as " SCM "), and carbon trade related measures will prevent trade liberalization, and even to fair competition as an excuse, and the implementation of discriminatory measures and so on. Even so, so far, the international community still has not formed the coordination and effective mechanism to balance the conflict between the two systems. All these may cause among the countries of the international rights and obligations of each other is not equal, if not promptly resolved, will eventually influence the development of environment and trade itself, so the relationship of carbon trading scheme and the existing WTO rules were combing system research is of great significance. So in order to maintain the common interests of mankind, give full consideration to the reality of developing countries and developed countries, effective play to the world trade organization widely recognized, mature operating system of rules, coordination conflicts between trade liberalization and environmental protection, take the road of sustainable development is the rational choice of the international community, and it is the trend of the times.