Research On Legal Issues Of Green Trade Barriers Faced By Developing Countries

With the linkage of environmental issues and trade issues,the rise of unilateral environmental measures,carbon tariffs gradually come into our vision.With the vigorous development of carbon pricing mechanism and more stringent international emission reduction targets,EU,the United States and other developed countries have reached a unity of interests on the issue of carbon tariffs.From the publication of the EU CBAM draft,and the United States’ s consideration of bringing the carbon border adjustment tax into the trade agenda,we can say that the actual imposition of carbon tariffs is imminent.As a new type of green trade barrier,carbon tariff is puzzling because it has the name of preventing carbon leakage,ensuring fair trade,and driving other countries to actively reduce emissions.In fact,it is trade protectionism under the name of climate protection.The imposition of carbon tariff is an infringement on the development right of developing countries and a manifestation of forcing developing countries to undertake the task of mandatory emission reduction.As a developing country that has not taken or just taken loose emission reduction measures,it is necessary to study the legal problems of carbon tariff in advance and make full preparations.No matter international trade law or international environmental law,there are no provisions directly regulating carbon tariffs,and the legitimacy of carbon tariffs has always been controversial.Under the framework of WTO,carbon tariff may violate the most-favored-nation treatment principle and national treatment principle.Western scholars believe that the above principles can be met through a certain system design.Even if it is considered to be in violation of the above principles,it can be justified by the Article XX of GATT.Under the framework of UNFCCC,carbon tariff violates the concept of Intended Nationally Determinded Contribution in Paris Agreement,and ignores the principle of common but differentiated responsibilities.But developed countries insist that carbon tariffs can curb carbon leakage and encourage other countries to adopt more stringent climate policies,which is the embodiment of climate justice.The change of the common but differentiated responsibilities in the Paris Agreement provides a basis for strengthening the responsibilities and obligations of developing countries,and also provides an excuse for developed countries to impose carbon tariffs.From the perspective of developing countries themselves,there are some difficulties in the establishment of carbon tariff prevention mechanism and countermeasures.On the one hand,considering the current science and technology level of developing countries,the establishment of carbon tariff prevention mechanisms such as carbon pricing mechanism and carbon market transaction link mostly stay in the theoretical stage.On the other hand,Countermeasures such as carbon export tax and retaliatory carbon tariff may not conform to international law Both carbon export tax and retaliatory carbon tariff may violate the most-favored-nation treatment principle and national treatment principle.Some developing countries may violate the WTO-plus obligations by adopting carbon export tax.In order to deal with the green trade barrier of carbon tariff,developing countries should take measures from both international and domestic levels.At the international level,legal countermeasures include reducing or exempting carbon tariffs through multilateral and bilateral agreements,defining the legal status of the principle of common but differentiated responsibilities in the Global Pact for the Environment,and issuing a joint declaration against carbon tariffs with developing countries.At the domestic level,proceeding from the reality of developing countries,we should continue to develop and improve the legislation of carbon emission trading mechanism,explore the external link mechanism of carbon trading,and do a good job in the design of the legal system of carbon tax,so as to get exemption from carbon tariff as equivalent measures.