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Study on Carbon Tariff under WTO

Author: TangQiNing
Tutor: DengRuiPing
School: Southwest University of Political Science
Course: International Law
Keywords: Climate Change Carbon tariff Border adjustment tax Free trade Environmental Protection
CLC: D996.1
Type: Master's thesis
Year: 2010
Downloads: 1497
Quote: 12
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Abstract

Global climate change has a profound impact on human survival and development, is a major challenge facing all countries. For the countries in the world have already started the international cooperation, and the initial formation of the the international climate legal system based on the United Nations Framework Convention on Climate Change and its Kyoto Protocol, designed to control and reduce greenhouse gas emissions to mitigate climate deterioration trend. However, the issue of how to allocate responsibility for emissions reductions, the views and positions of developed and developing countries there are huge differences difficult to successfully expand the international climate cooperation. In this context, for the damage competitiveness mitigation measures and concerns about the problem of \common global emission reduction effect. First proposed by the EU carbon tariff is representative of the type of unilateral trade measures, the relationship between the multilateral trading system and climate change, which also has become the forefront of the field of academic research. The carbon tariff issues both free trade under the WTO system and environmental protection both a concentrated expression of the conflict, but also intense game developed and developing countries in the international climate negotiations process results. Reasonable context of climate change carbon tariffs as the starting point, the legality of the U.S. carbon tariff system under the WTO system, the relationship between trade and the environment and coordination on WTO path and the strategic choice of China's response to carbon tariffs discussed. In addition to the introduction and conclusion, this article is divided into six parts. A brief introduction to the introductory part of the impact of climate change and the international climate cooperation, and pointed out that the the carbon tariffs background and reason, that international emission reduction troubled collective action and the EU is facing tremendous pressure to reduce emissions. After analysis of the impact of carbon tariffs in China will clarify the purpose and significance of the topic of this article. The first part defines the connotation of carbon tariffs, carbon tariffs on essentially a border adjustment measures, and a brief introduction to the main content of the U.S. carbon tariff system. This paper argues that the system by analyzing objective effect the intent of the U.S. proposed carbon tariffs and its implementation, unilateralism and trade protectionism. The second part of the analysis of whether the reasonableness of carbon tariffs in the context of climate change. This paper argues that the practice of \To explore this issue, this section elaborated from the three levels of the economic, legal and policy of free trade under the WTO regime and environmental protection causes of conflict, as well as free traders and environmentalists who argue about unilateral trade measures and that carbon tariffs for the realization of the global emission reduction targets and long-term protection of the right to development of developing countries have a certain role in promoting. Finally, according to the theory of the trade effects of the internalization of environmental costs and the impact of the environmental tariffs on China's exports of steel, for example, pointed out that the effect is not obvious carbon tariff restrictions on free trade, and thus carbon tariff has reasonable . The third part is a detailed analysis of the legitimacy of the U.S. carbon tariff system under the WTO system. This paper argues that the existing rules under the WTO system is difficult to draw a definitive conclusion to the legal system. On the one hand, the issue of carbon tariffs applicable border adjustment tax rules, there is controversy; the other hand, although the system is in violation of the basic principles of the WTO, but the United States to invoke Article 20 of GATT 1947 general exception rules to defend, and whether it can be the Dispute Settlement Body of the support can not be sure. The fourth part of the views and suggestions on how to build a carbon tariff system that carbon tariffs must adhere to the basic principle of \elements provisions, including the type and embodiment of the carbon-tariff measures, carbon emissions standards, product coverage, the carbon price and tax / fee level and in developing countries buffering of content. The fifth part is thinking play an active role in building multilateral coordination mechanisms of carbon tariffs and the WTO how to respond to climate change. First analysis of existing WTO rules system has some defects in addressing global environmental problems, and pointed out that the WTO should be to integrate trade - environmental rules for the idea of ??change. Carbon tariffs multilateral coordination mechanism based on building envisaged that the mechanism should be a combination of trade rules and the reduction rules. Introduced innovative mechanisms of international emission reduction cooperation \Part VI is to describe our strategy to address carbon tariffs select the level of domestic law. First of all, pointed out that the establishment of a carbon tax and emissions trading mechanisms can guarantee the realization of China's emission reduction targets, can also produce a positive response to carbon tariffs. Concrete ideas on how to build China's carbon tax and emissions trading mechanism, and suggested that China should gradually improve the legal system of environmental management. The epilogue Looking carbon tariffs impact of the WTO, China and the whole international community, and stressed that China should respond to carbon tariffs as an opportunity to establish the image of a responsible big country, at the same time achieve economic transformation.

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