Li Ning

                                                                                                            Law School

Abstract: Global climate change problem has been the world’s attention, the global greenhouse gas emission reduction policies in an international context. Initially, the environmental issue of concern to people confined to a country's own internal problems, and does not go beyond national borders. The European Union and the United States and other developed countries have domestic legislation on climate change. therefore, the originate Environmental Protection Act, a State's domestic law. However, climate change is not as traditional environmental issues, it belongs to the global environmental problems. This paper argues that international law should play an important role in the world's climate change mitigation. Since the adoption of the United Nations Framework Convention on Climate promote of the Kyoto Protocol, developed countries in their domestic climate change legislation develop the terms of the carbon tariffs, carbon tariffs as an important means of mitigating climate deterioration, and that their position. However, according to the provisions of the United Nations Convention on Climate Change and the Cryptoprotocol, developed countries must bear the responsibility of the carbon reduction, developing countries do not bear the responsibility of the specific amount of carbon emission reduction. therefore, Europe and the United States and other developed countries in their domestic climate legislation specifies the terms of the carbon tariffs, in order to suppress the developing countries and their carbon emission reduction obligations to implement the same standard. This is undoubtedly a great challenge and crisis to developing countries.

The purpose of carbon tariffs proposed by developed countries such as Europe and America are mainly aimed at China's energy conservation and emission reduction. However, China is a responsible big country, in response to global climate change, reduces greenhouse gas emissions, many efforts have been made.

This paper first describes the background of carbon tariffs, and the basic theory of telega system of carbon tariffs, and the basic theory of the basis of a detailed analysis of Europe and the United States and other developed countries to impose carbon tariffs on the purpose of its possibilities. Secondi, a brief analysis of carbon tariffs in the European Union and the United States legal system and to compare carbon tariffs standing in Europe and the United States point of view, they are actively implementing carbon tariffs on the terms of an advocate. Again, by the above discussion, this paper presents the legal system of carbon tariffs, should build an international level to build the international level, the legal system of carbon tariffs, and it must adhere to the “common but differentiated responsibilities" and "special and differential treatment" and “the principle of proportionality and the basic principles of substantive rules, and international carbon tariff legal system-built ideas. Finally, and from international and domestic level, China should be how to respond to recommendations of carbon tariffs the legal system. In the international arena, China should actively carry out*environmental diplomacy" to insist on the distance per capita cumulative emissions the implementation of the principle of common but differentiated responsibilities, actively participate in international carbon emissions standards developmental the domestic level, China should be legislation to support technological innovation, speedup upgrade of the domestic economic structure, the development of ion-carbon green economy, reduce carbon mild eliminate impose carbon tariffs on reason.

Read the full article here:               【气候变化】碳关税法律制度构建研究.pdf