The impact of low-carbon economy of international trade law under the Three

Paper Keywords: low carbon tariffs on International Trade Law broken economy emission trading mechanism
Abstract: a low carbon economy over the traditional sector Law legal system had a greater impact. In which competing interests on the international economic and trade protectionism, the impact of International Trade Law, pArticularly. In the more macro-analysis summarized low-carbon economy measures under the national domestic impact and challenges of International Trade Law, based on the tariffs on carbon emissions trading mechanism and the two hot issues are introduced and reviewed. Finally, settled in our country, thinking and related issues Prospect.

Sadly ended as the Copenhagen conference, the world realize that climate change is not only environmental issues, it had risen to international political and legal dimensions, and then penetrate into the national and global economic level. Climate change gave birth to the concept of low-carbon economy. low-carbon economy, the first officially appeared in 2003 the UK Energy White Paper, we can understand its meaning: the concept of sustainable development, by means of the relevant technological innovations, coal oil and other carbon reducing energy consumption, reduce greenhouse gas emissions, achieve economic development and ecological environment of a coordinated economic development model, and radiation to all industries. Some scholars believe that low-carbon economy is expected to become the information technology revolution and a new post-industrial revolution. At present, a considerable pArt of the country has focused on the development of future low-carbon economy. For example, the U.S. Senate in 2007, proposed <<low-carbon economy bill>> will be low-carbon economy as a strategy for its future economic development. From the perspective of the global economy, low carbon economy Like dominoes, explosive. It will tear down the traditional economic areas, resulting in re-shuffle the global economy and to the existing legal, policy and other system level challenge.

First, each country measures the impact and challenges of International Trade Law
The era of low-carbon economy under the legal system has brought a number of branches of law to a certain extent. In the field of environmental law, environmental law, low-carbon economy will lead to the principles of transformation and institutional development. For example, the principle of coordinated development occurs, environmental priority principle; the development of environmental information disclosure and public pArticipation system; to create low-carbon subsidy system, and so on. in the field of administrative law, executive power will be more people do refer areas of the right to administrative licensing and sewage will prevail. In the field of international law low-carbon economy is even more far-reaching, because the response to climate change and the need for a global cross-border cooperation. Therefore, the traditional areas of the supreme principle of sovereignty by the principles of sustainable development constraints. Accordingly, international organizations, law, international investment Law, International Financial Law, International Trade, International Dispute Resolution Act will be subject to challenge and influence, especially in international trade law. Currently, there is a unilateral and to be implemented to reduce greenhouse gas emissions and promote low carbon economic development of the domestic measures in the multilateral trading environment, is bound to cause friction and conflict, and exerts a subtle influence of multilateral trade. We can see from the following three aspects of low-carbon economy of all countries to take appropriate domestic measures to bring to international trade law impact and challenges.

1. To impose carbon tariffs on behalf of border adjustment measures for the
Greenhouse gas emissions by countries to internalize the costs for emissions set the corresponding domestic price mechanism, including greenhouse gas emission taxes and emissions trading system. These policies will change the relative prices of products and may affect international trade fair and conditions. Therefore, foreign price mechanism and extent of implementation or not, will lead to differences in carbon prices vary. theoretically there is a solution that is set as the representative of a carbon tariff border adjustments to balance and reduce a country to achieve low carbon the purpose of increased costs. For example, the European Union, the United States and other OECD countries for "border carbon adjustment" on greenhouse gas emissions from the substantive obligations of non-state imposed import tariffs of products or carbon tax, called " border tax adjustments. "after a meeting in Copenhagen, there is no commitment of developed countries to speed up the carbon emission reduction obligations countries (mainly the economy is rapidly developing country such as China, India, etc.) the process of carbon tariffs to be imposed. World Trade Organization (WTO) issued jointly with the United Nations Environment <"Trade and Climate Change report>" (hereinafter referred to as <<Report>>) pointed out the difficulties of the implementation of border measures: First, it is difficult to provide clear justification for the implementation of border measures, but also That is difficult to accurately assess the loss of carbon leakage and competitiveness; Second, it is difficult to determine a fair price applied to the imported products. <<Report>> the same time that the GATT and the SCM Agreement in certain circumstances, to allow border the use of tax adjustment measures, but the core of the agreement must comply with WTO trade principles.

2. The Government's financial support of the economic incentives
In addition to the price mechanism, to government financial support to promote the development and utilization of new climate-friendly technologies (eg, carbon capture and storage technologies) and renewable energy, is another common use of economic incentives, including financial means, price support measures and investment support policies, and so on. However, from the WTO's multilateral trading system, these measures the Government's financial support is likely because of lower production cost and product commodities prices constitute a subsidy. In principle, the WTO multilateral trade system, these measures should comply with WTO rules on subsidies.

3. New means of technical standards
In addition to economic incentives, another commonly used means of environment and climate strategy is to establish technology standards. For example, for products and production methods, technical specifications to develop mandatory or voluntary standards to achieve emission reduction and energy efficiency purposes. since the 20th century, 80 years, countries continue to increase the mandatory norms and measures for the use of voluntary standards, by promoting the use of energy-efficient equipment and electronic equipment, to achieve the purpose of reducing greenhouse gas emissions. It is estimated that in the past 30 years, through the use of improved energy efficiency, saving at least 50% of the energy consumption. It is reported that the improvement of energy efficiency still has great potential, such as construction, transport, agriculture and other industries. However, these policies should also be subject to WTO <<Technical Barriers to Trade "Agreement> bound to ensure that technical regulations, technical standards and conformity assessment procedures do not create unnecessary obstacles to international trade.

Second, the law of the carbon tariff setting
Qian Wenyi above, carbon tariff is one of border adjustment measures, is no substantive greenhouse gas emissions from state obligations imposed import tariffs of products, balancing the domestic emission reduction caused by increased costs, so as to achieve international trade fair. Carbon tariff issue is highly controversial international issue, but also developed countries are strongly advocating a favorable means of mitigating climate change. to the European Union, represented by the developed countries, the United States based on its technical, economic status and interests of the needs of leading in this issue The study compared the agreement and have been or are being converted for policy and legislation. According to World Bank report predicts that: carbon tariffs if the EU fully implemented, China will face an average of 26% carbon tariffs, because of China's exports more products for carbon emissions higher levels of low-end products, resulting in export volume declined 21%. On the other hand, the EU will in the climate change negotiations, take the initiative in international trade negotiations. Therefore, the law of the carbon tariff set for the guidance of China's future pArticipation in international climate change negotiations, WTO negotiations and other international organizations to develop and improve policies, domestic legislation is important.

1. Carbon Tariffs and <<the United Nations Framework Convention on Climate Change>>
<<United Nations Framework Convention on Climate Change>> clearly states that: history and current global emissions of greenhouse gases has originated in developed countries, the largest, per capita emissions in developing countries is still relatively low, so the response to climate change follow the "common but differentiated responsibility "principle. in accordance with that principle, developed countries should take the lead in measures to limit greenhouse gas emissions, provide funding to developing countries and related technologies; and developing countries in technical and financial support from developed countries, to take measures to mitigate or adaptation to climate change. At the same time, the third Di Wukuan clearly states: "To combat climate change measures, including unilateral ones, should not become the international trade means of arbitrary or unjustifiable discrimination or a disguised restriction." which visible, based on the <<United Nations Framework Convention on Climate Change>>, developing countries do not have mandatory emission reduction obligations, different from the emission reduction obligations of their reasonable and legitimate, not the so-called "cause of international trade is not fair." Therefore, developed countries to set carbon tariffs unilaterally design, intended to offset the historical compensation enjoyed by developing countries and transitional protection, is a blatant violation of <<the United Nations Framework Convention on Climate Change>> the.

2. Carbon tariff and WTO rules
Since the carbon is in the collection of customs duties multilateral international trading system under, then the tax levied under the WTO system is grounded in the law? Tax rules under the WTO, "tariff because of production methods can not distinguish between different" carbon tariff setting is contrary to the basic rules of WTO. But on the other hand, "" International GATT>> (GATT) Diershitiao general exception seems to impose carbon tariffs living space left . exception system is a major feature of WTO, according to statistics, the relevant exception of the text is about twice the WTO principles and regulations. These exceptions, as numerous reconciling differences between countries in the world trading system, the lubricant, has played to attract more countries Canada's active role, the effectiveness of international conventions similar to frequent in the public order reservation. Some scholars believe, XX general exception clause in (b) and (g) carbon tariffs imposed two can provide a legal basis , namely, "to protect people, animals and plants necessary for life and health measures" and "for the conservation of exhaustible natural resources of the relevant measures." I think they need directly through the demonstration as a legal basis, at least, climate, whether as a exhaustible natural resources to also worth exploring.


3. Carbon tariffs imposed on dispute settlement
Thailand, the United States and other countries to restrict imports of shrimp turtle case and the EU to restrict imports of Brazil's scrap tires are successfully invoked in the case of the general exception provisions of WTO classic case, but no carbon tax and submission of the case occurred, therefore, the final judge of the Panel of Experts will go to where is still unknown. GATT1947 and the WTO within the system so far to resolve the dispute exceptions cited Diershitiao practice shows, XX application of two steps: First, the measures taken to invoke the exception Diershitiao should be able to under the relevant sub-justified; Second, review whether the measures taken by the requirements of paragraph Diershitiao total, in order to prevent abuse of Diershitiao exceptional behavior. To prevent the exception of Diershitiao the abuse, the dispute settlement panel formed in practice, further quoted Diershitiao taken exception to violation of obligations under the General Agreement on measures to be observed by three rules: �� the measures taken must be designed in the pursuit of Diershitiao subsection out objectives; �� measures taken only in the "minimum level depArture from the" other provisions of the General Agreement on the goal; �� to take these measures due to a result of departure from the obligations of the General Agreement to the extent that such measures should be goal proportional. If in the future produced in China and the developed countries do impose a carbon tariff disputes, we should take two points: first, "<the United Nations Framework Convention on Climate Change>> with the WTO system of rules of international law are two different systems, carbon tariffs levied against the one of which should be followed in violation of international obligations; Second, WTO general exceptions clause as a legitimate basis for levying carbon tariffs are too far-fetched. reposted elsewhere in the Research Papers Download http://www.hi138. com Third, the carbon emissions trading scheme
As an environmental economic instruments, emissions trading is in the global context of climate change produced. Greenhouse gas emissions trading system from the <"The Kyoto Protocol,>> Since the establishment of Article XVII, has been widely accepted by the international community. In the mechanism , the first emission reduction target set by the allocation or auction is determined by the reduction of emissions targets or emissions limits, and allows each source of emission limits for each transaction, the volume control and emissions trading model. carbon emissions trading scheme as an effective means of reducing emissions, is becoming the new international trade from the show, has enormous potential in the future and the market.

EU to help its members perform <"The Kyoto Protocol>> emission reduction commitments, in January 1, 2005 officially launched the EU Emissions Trading System (EUETS). As the world's largest multi-national and multi-sector greenhouse gas emissions trading system , EUETS in the first phase of its implementation (2005 a 2007), although only involving carbon dioxide, but has 27 members including the 10 500 facilities, the EU accounted for almost 45% of carbon emissions. In the second phase of the implementation of (2008 - 2012) and after adjusting it kind of greenhouse gases and industrial sectors will continue to expand the category. In EUETS, Member States on national allocation plan (NAP) to determine their own carbon emissions and assigned to each facility emissions (EUA), if the firm's actual emissions less than the amount allocated to the emission permits, can sell the balance to profit; the contrary, it must buy emission permits to the market places. Chicago Climate Exchange (CCX) was established in 2003. it is the world's first and North America the only voluntary reductions of greenhouse gas trading, and legally binding emission reduction commitments pioneer organization and market trading platform. EUETS and the CCX emissions and in flexibility, long-term control of certainty, transparency and market evaluation of the implementation of protection is different.

Although EUETS and CCX have different goals and political background, but a series of data that they have to create an effective market framework has achieved important successes, became the enterprises in the new carbon market operating under conditions of experimental base. However, we must also be clearly aware that they are effective emission reductions, to achieve environmental functions no significant breakthrough. the carbon market in a booming, "" The Kyoto Protocol,>> the task of reducing emissions can be achieved are still unknown. to one in the field of environment play an effective role in the emissions trading market, it should encourage enterprises to change the mode of production, clean energy to replace traditional energy sources. Because of these shortcomings, EUETS and CCX at this point have little effect. In order to achieve environmental protection objectives, countries adequate long-term the government should set emission limits, both to ensure market liquidity, but also to stimulate more technology innovation enterprises. In fact, there are scholars <"The Kyoto Protocol,>> under the proposed emissions trading system reflection. Emissions Trading attempt to market liberalism and sustainable development of grafting a piece of, but ignored the implicit tensions between the two: the free market short-term objective of maximizing efficiency, and sustainable development of technological innovations gave birth, seeking the next generation profit as the goal. market players in the process of making technology decisions are often reluctant to consider the benefit of competitors and the next generation, creating positive spillover effects. Therefore, the international emissions trading mechanisms conducive to sustainable energy development. how to coordinate the government and the market role to improve the existing emissions trading system is worthy of further discussion.

Fourth, thinking and outlook
Climate change gave birth to the era of low-carbon economy, while the pressure in the international financial crisis, the response to low-carbon economy easily lead to a variety of domestic measures, the rise of trade protectionism. If from the perspective of internationalism, in the multilateral trading system under the standards, subsidies, taxation and intellectual property rights, WTO rules will be conducive to addressing climate change, but most of the country's trade minister said trade restrictions on the use of the proposal should be cautious, especially to combat climate change should be avoided trade restrictions in the name of haste. trade in promoting economic growth and climate-friendly development can play a role, but should not be seen as mitigation of climate change all the answers [0, it can not be seen as competing economic interests and voice means. a number of international organizations related to domestic measures for the view relative to developed countries is much more comprehensive, neutral and objective. For example, the World Trade Organization on the cautious side of the domestic measures and concerns attitudes, and demands that these measures should not be contrary to WTO, basic rules. However, they also failed on the climate and the substantive legal issues of international trade recommendations and proposals. For example, in the World Trade Organization and United Nations Environment Programme on June 26, 2009 jointly issued by the <"Trade and Climate Change Report>>, although for the first time explained the relationship between trade and climate change, but the report itself pointed out, this is only about the relevant issues and made a preliminary description. then we need to explore in depth the problems there are many . For example, a fundamental problem: the field of international trade law, WTO law in the MFN and national treatment is a basic principle, the results of international law the Convention on Climate Change - "<United Nations Framework Convention on Climate Change>> is the practice of common but differentiated responsibilities , how to coordinate between the two is the main problem. Of course, despite the trade regime to address climate change and the new global environment, there may be contradictions between the mechanisms, but if that system will link the two, both with each other promotion of international trade smoothly, while achieving a wide range of global environmental objectives.

For my country, in the grasp of low-carbon economy and climate change on the impact of international trade law and challenges the basis, it should be two levels from the internal and external to China. First, the analysis, prediction, induction developed related measures to actively seek response. countries initiated measures to restrict international trade in environmental issues, a world war broke out. developed countries impose carbon tariffs unilaterally initiated, forcing developing countries to take the threat of carbon emission reduction obligations imminent. We should stand on the position of developing countries, of course, impartial, uphold the common but differentiated responsibilities, and deep support for international law, to impose carbon tariffs future disputes to prepare in advance. At the same time, strengthen the WTO's dispute settlement of the appeal mechanism, the next step in the design of relief means losing the first trial, at any time impose carbon tariffs do to win the first case of preparation, commitment to the interests of big powers on behalf of the responsibility of developing countries. resist all unfair trade emission reduction obligation of sanctions and measures to support the promotion of common development of the global low carbon economy good advice. For example, Dipanker proposed by Dr established under the WTO system, clean and green technologies to promote trade liberalization in a separate agreement. Second, Perfecting the relevant domestic legal system, creating a low carbon economy for the development of legal support. Developing countries have to face sooner or later assume responsibility for legally binding emission reduction, strengthening of internal strength is the key. low-carbon economy is a new thing, a new thing nurture the development of policies and laws depends on support, which is a State law in the low-carbon economy is one important mission. Of course, should only buy time for China and developing countries, the ultimate goal is to rely on our domestic low-carbon technologies progress, economic development and the relevant legal system establishment and improvement of the main contents include: strengthening of non-renewable clean energy regulation, establish the mandatory quota system; to economic incentives, strengthening the clean energy Research and development and improve energy efficiency technology development, increase subsidies to establish low-carbon emission reduction; the appropriate time, and gradually from a particular industry, particular region began to impose a "carbon tax"; the further development and strengthening of the administrative issues related to licensing, penalties and dispute settlement mechanism of administrative litigation system; to strengthen international cooperation and study of international law to promote the follow-up of related technologies and innovation; to ensure that our policies and relevant laws and legal system, WTO and other international law convergence. reposted elsewhere in the Research Papers Download http://www. hi138.com