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The Legality of Carbon Tariffs under the the WTO Law

Author: ZhangShiXin
Tutor: PengZuo
School: East China University of Political Science
Course: International law
Keywords: Carbon Tariffs Border Tax Adjustment WTO Cap and Trade
CLC: DD912.29;D996.1
Type: Master's thesis
Year: 2011
Downloads: 316
Quote: 1
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Abstract


With countries from around the world set to meet in Copenhagen to try to hammer out a post-2012 climate change agreement ,no one would disagree that a U.S. commitment to cut greenhouse gas emissions is essential to such a global pact. However , despite U.S. president Obama’s announcement to push for a commitment to cut U.S. greenhouse gas emission by 17% by 2020, in reality it is questionable whether U.S. Congress will agree to specific emissions cuts, although they are not ambitious at all from the perspectives of both the European Union and developing countries. And both the European Union ,which currently has an emission trading scheme for greenhouse gases, and the USA ,which is considering implementing such a program, are exploring the possibility of including foreign producers in that program by requiring importers of foreign goods to pay charges relating to the amount of CO2 emitted in the production of those goods, which are called carbon tariffs. But the developing countries do not think that the so called carbon tariffs are effective to limit the emissions of the greenhouse gases, but a new kind of protectionism .So this paper will examine the legality of such measures under WTO law by analyzing American proposals to enact carbon tariffs, focusing primarily on the 2008 Lieberman-Warner Bill,and it’s essential to guide Chinese government to find out effective measures to meet the potential effects of carbon tariffs. This paper concludes that carbon tariffs are illegal and impermissible under the WTO law.This paper will proceed as follows. Part one introduces the background and relating definitions of the carbon tariffs. Part two finds out the provisions relating to the carbon tariffs by analyzing the 2008 Lieberman-Warner Bill. Part three analyzing the illegality of the American carbon tariffs under the WTO law. Part four tries to search for appropriate measures for Chinese government to meet the potential effect of carbon tariffs. And at the end of the paper, it concludes that the so called carbon tariffs are illegal under the WTO law.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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