Study On Border Carbon Adjustment Measures Under The Background Of Climate Change

Nowadays,some major greenhouse gas emission countries hold a negative attitude towards the second commitment period of the Kyoto protocol.Canada has formally withdrawn from the Kyoto Protocol,and the United States has not approved it since it signed in 1998.In addition,the specific implementation of the Paris Agreement faces many challenges.In November 2019,the United States announced the formal commencement of the Paris Agreement withdrawal process.All of the above shows that it is becoming increasingly urgent for the international community to choose effective ways to limit global warming in the face of the Climate Emergency.The European Union and the United States enacted legislation relating to Border Carbon Adjustment Measures more than a decade ago,but ultimately failed to put such measures into practice.Since then,the international community has not stopped discussing Border Carbon Adjustment Measures,one of which is that Border Carbon Adjustment Measures as an economic means of coping with the climate change would lead to a shift in the burden of greenhouse gas emissions reductions,thereby violating the Principle of Common But Differentiated Responsibilities.Therefore,based on the analysis of the types,theoretical basis and legislative process of the measures,this paper affirms that unilateral measures could play a positive role in promoting the reduction of greenhouse gas emissions in the light of the current situation of greenhouse gas emissions and the climate emergency situation.The first chapter analyzes the main types and the theoretical basis of Border Carbon Adjustment Measures.Through the analysis of two different types of measures,it is clear that a country or region can make the imported products bear the same carbon cost burden as the domestic products through the use of unilateral measures.Subsequently,the legal and economic theories related to such measures are highlighted.Either the emission trading system or carbon tax is an economic means to internalize the external costs,and combine with the theories of "tragedy of the commons" and"public choice".In view of the worsening climate change problems,stricter climate change response measures must be formulated to ensure that the parties concerned avoid the occurrence of the situation in which the parties concerned give up maintaining the common interests of the international community due to the lack of mandatory performance mechanism in international environmental cooperation and that the international community is taken as a whole to weaken the division between countries or regions and achieve the balance of private and social costs,private interests and social interests.The second chapter studies the legislation of the European Union and the United States on Border Carbon Adjustment Measures.In order to improve the situation of greenhouse gas emissions,the European Union has established a carbon emission trading system and mitigated carbon leakage by restricting the acquisition of international reserve quotas.Subsequently,the United Union proposed to protect the competition in carbon-intensive industries through the carbon equalization system.The United States,on the other hand,has released a number of bills governing energy and climate change,stipulating such concepts as "covered-list countries","covered products" and "international reserve allowance".The United States also imposes strict restrictions on the submission of the allowance to protect the competitiveness of domestic industries.The implementation of Border Carbon Adjustment Measures may have the effects of protecting the international competitiveness of related industries,avoiding carbon leakage,promoting environmental legislation and transferring the burden of emission reduction,which paves the way for the following legislative values.Finally,the status quo of global greenhouse gas emissions is introduced,and it is concluded that Border Carbon Adjustment Measures are of value for implementing greenhouse gas emission reduction.The third chapter is the legitimacy of Border Carbon Adjustment Measures under the climate conventions.This chapter first clarifies the provisions of the Principle of Common But Differentiated Responsibilities in International Environmental Law,and the changes of the connotation of this principle before and after the Paris Agreement.This part focuses on the top-down emission reduction model and phased emission reduction outcomes stipulated by the Kyoto Protocol,and draws the reasons why the Paris Agreement will turn to the bottom-up emission reduction model.Then,it summarizes the connotation evolution of the Principle of Common But Differentiated Responsibilities,and clarifies its legal nature.It is clear that the principle only exists as a treaty rule.The treaties in the field of International Environmental Law do not regulate the measures,and its connotation has gradually changed from emphasizing differentiated responsibilities to emphasizing common responsibilities.Therefore,as a unilateral measure to deal with the climate change,there is no conflict between Border Carbon Adjustment Measures and the Principle of Common But Differentiated Responsibilities.The fourth chapter introduces the challenges posed to China by Border Carbon Adjustment Measures.Due to the high proportion of high energy consumption products in China's export commodities,if Border Carbon Adjustment Measures are implemented,it will certainly bring huge challenges to China's energy intensive industries and products.As one of the developing countries with great international influence,China should adhere to the Principle of Common But Differentiated Responsibilities,actively participate in global climate governance negotiations and bilateral or multilateral negotiations related to Border Carbon Adjustment Measures,so as to strive for the interests of developing countries.On the other hand,China should actively establish a sound domestic greenhouse gas emission reduction mechanism,accelerate the legislation of carbon emission trading system,and consider building a carbon tax mechanism in preparation for the implementation of the measures when necessary in the future.