| In 2005,the "Kyoto Protocol" puted into effect and officially entered the implementation phase,which marks the beginning of global carbon emissions trading era,its main purpose is to control the global greenhouse gas emissions,prompting countries to carry out effective emission reduction activities,and to ensure that the environment to achieve the ecological balance,but also to realize the sustainable development of economy and life guarantee.Carbon emissions trading is a set of political,economic and legal environment,as one of the international trade,most developed countries have been based on the "Kyoto Protocol" provisions take the first commitment period(in 2008-2012)the mandatory emission reduction obligations,while most of the developing countries to Chinese as the representative is not currently mandatory emission reduction therefore,most of the developed countries against the second commitment period of the emission reduction obligations,and put all countries in the world to undertake quantified emission reduction requirements,or at least require emissions in the developing world countries bear the mandatory emission reduction obligations.The WTO system is currently not clear to carbon emissions trading into its adjustment range,but the carbon emissions trading in the international trade market is developing rapidly,many countries not only competition in its trade market,it is in a battle for the future control of the international energy discourse,for domestic law countries to develop national interests and unilateral trade measures the potential conflict with WTO rules.At this stage,the trade measures taken by the WTO members directly against the carbon emissions trading do not belong to the category of GATT under the regulation of tangible goods.In the quota based carbon emission trading,the carbon emission quota itself does not belong to the category of services under GATS,so the measures taken by WTO members that affect the carbon emission quota transaction do not belong to the adjustment scope of GATS.In the project’s carbon emissions trading includes the clean development mechanism project based on(Clean Development Mechanism,CDM)and joint implementation projects(Join,Implementation,JI)CDM/JI project can be considered the project investment in the form of commercial presence to the host country to provide emission reduction services,thus GATS service category defined including CDM/JI project.Part quota allocation of carbon emissions trading will constitute a subsidy,but all free quota allocation should be combined with SCM identification and classification of subsidies to decide whether a subsidy is made for SCM.International negotiations in the future,our country not only need to adhere to the "common but differentiated responsibilities" principle,oppose the implementation of mandatory emission reduction obligations of developing countries,to resist the United States and the European Union as the representative of the relevant trade restrictions,but also actively respond to climate change issues,establish conforms to the conditions of carbon emissions trading system,strengthen the leadership and the right to speak in the field of international climate.The face of such a severe form of Chinese should be based on other developed countries,carbon emissions trading mechanism,analysis of the current domestic carbon emissions trading situation,clarify the legal obstacles to the development of carbon emissions from the angle of law,and under the framework of WTO,try to avoid the potential conflict between WTO and China’s carbon emissions trading the construction of China’s and international carbon emissions trading system,for the future of our country to the world trade market in an invincible position and ready to do. |
