Legal Issue Of Carbon Labeling System Under The WTO Framework

As a tool of trade policies relating to the environment, Carbon label comes into beingbased on the profound social background, that is, with the constant deepening of economicglobalization, various countries are keen to their rapid economic development, one-sidedpursuit of self-interest, but, at the same time, these countries ignore the overheatingeconomic development which have adverse effects on the environment, as a result, theseadverse effects lead to a series of global environmental issues, this excessive emissions ofgreenhouse gases caused by global warming problem is particularly acute. In this context,various states begin to implement a low-carbon economy policy to try a model fordevelopment of coordinated economic development and environmental protection. Theimplementation of low-carbon economic policy undoubtedly has a very positive impact onenvironmental protection, but, in the course of the implementation of this policy, it’s easyto abuse by the protectionists, causing too much interference by the Government of a State,ultimately the policy is made into an environmental trade barrier in the name ofenvironmental protection, which becomes a trade protection instrument hindering thehealthy development of the global economy. As a low-carbon policy tool, we need toaffirm the positive significance of the carbon label, at the same time, we must analyze itsdangers as a potential environmental barrier, prevention is better than cure.Full text in addition to preface and conclusion is divided into four chapters, about33,000words.Chapter I is the overview of the carbon label system. First of all is the explanation ofthe carbon label’s content; Secondly, analyze the legal origin of the carbon label system,including international sources of law and domestic legislation; lastly, analyze the impactof the carbon label system, including positive practical significance and negative impacts.Chapter II is the carbon label’s practical activities of typical countries. The chapterexplain the carbon label’s practical activities in the United Kingdom、France and Japanfrom three points: run mode, the practice, evaluation criteria, and then, summarize their operating mode: the United Kingdom’s voluntary mode, which is government-led and themain method is encouragement and support; mode in France is government-led withcertain mandatory because of its legislation and enforcement policies; Japan’s voluntarymode likes the mode in the United Kingdom; lastly, analyze the development status ofcarbon label system and consider its becoming a commodity exports pass.Chapter III is the consideration of the carbon label’s legal nature under WTOframework. First of all, evaluate the legal attribute of the carbon label combining the greenbarrier’s features with its constituent elements; in the second, the author wants to place itinto the WTO multilateral legal framework and focus on analysis and thinking on its legalattribute as a potential trade barrier, applying to WTO-related trade laws (such as TBTAgreement, Environment Escape Clause) and principles (such as Non-discriminationPrinciple, Difference And Differential Treatment For Developing Countries Principle),meanwhile, draw on the experience of WTO-related cases, such as “Tuna-dolphin” caseand “Shrimp-sea turtle” case.Chapter IV is the present situation and countermeasures of China’s carbon labelsystem. Firstly, the author will concentrate on the current status of carbon label system inChina, then, point out the shortage of China’s carbon label system: lack of legislation、policies and corporate practices; secondly, analyze that in the future, carbon label systemcould have negative impacts on China’s export trade, including: restricting the export ofChinese goods, undermining the competitiveness of exports and leading to trade friction;lastly, based on China’s domestic legislation and national conditions，propose someappropriate and useful measures on how to deal with the carbon label system for ourcountry，including: using the WTO Dispute Settlement Mechanism, building China’scarbon label law system, coming up with related measures by government, advising thegovernment actively participate in the international negotiations about trade andenvironment issues and promote the development of relevant international standards.