Research On The Legal System Of Carbon Tariff From The Perspective Of International Law

On December 15,2018,the 24th UN Climate Change Conference closed in Katowicz,Poland.The new Paris Agreement implementation rules agree on new carbon reduction obligations for global climate governance.Controlling carbon dioxide emissions remains the core and focus of global climate governance.However,the Paris Agreement distinguishes the developed countries from the developing countries in the rights and obligations of greenhouse gas emission reduction,which makes the trade wars between the two countries occur frequently and touches the core interests of all countries deeply.This kind of resource redistribution caused by environmental problems will become the new focus of economic,political and diplomatic games among countries all over the world in the present and even in the future.Based on such a deep-seated background,the developed countries put forward the carbon tariff system.Therefore,it is very necessary to study the related issues of carbon tariffs.This paper consists of introduction,main text and conclusion.The main text is divided into three chapters.The first chapter introduces the significance of the topic,literature review and research methods.Developed countries have been sparing no effort to call for the establishment of carbon tariff system in the international community.If the carbon tariff system is implemented,it will have a significant impact on China's economy.Therefore,it is of great theoretical and practical significance to study the carbon tariff system,establish China's principled position,and put forward China's countermeasures.The second chapter studies the basic theory of carbon tariffs.Carbon tariff is the product of the conflict between environment and trade.Carbon tariff has not been unified since it was first proposed by France.However,compared with tariff,carbon tariff has the following characteristics:First,carbon tariff is a kind of border adjustment measure;Second,the realization of carbon tariffs is based on the domestic carbon emissions trading mechanism;Third,carbon tariffs are levied on carbon dioxide emissions.Carbon tariffs as a new carbon reduction measures and carbon tax or carbon emissions trading mechanism are independent of each other.Countries around the world have different attitudes towards carbon tariffs legislation.Most of them support carbon tariffs legislation in the western developed countries,while most of them hold a negative attitude towards carbon tariffs legislation in the developing countries.The third chapter introduces the legislation status of carbon tariff system in the United States,Europe and international organizations.Through the Lieberman-Warner Climate Security Act of 2008 and the Clean Energy Security Act of 2009,the United States has realized the process of carbon tariff system from conception to practice.The idea of imposing carbon tariffs on imported products in the European Union until amendments to the Climate and Energy Package were made turned to aviation carbon tariffs.For the United Nations or WTO international organizations,the legality of carbon tariffs under the United Nations Framework Convention on Climate Change,the Kyoto Protocol and Article 20(b)and(g)of GATT is mainly proved.The fourth chapter analyzes China's principled stand and strategies to deal with carbon tariffs.The levy of carbon tariffs by developed countries has brought both positive and negative effects to China.China firmly opposes the carbon tariff policy as a trade barrier,but never opposes the reduction of carbon emissions.Therefore,China must make full use of the rules of international law to prove the illegality of carbon tariffs,and actively build a carbon tax system and carbon emissions trading mechanism in China.