Legal Research On EU Carbon Border Adjustment Mechanism

On July 14,2021,the European Commission published the EU Carbon Border Adjustment Mechanism.The establishment of Carbon Border Adjustment Mechanism is the specific measure of the EU to solve the problem of carbon leakage and try carbon tariffs.,and it was voted through on April 18,2023.The EU Carbon Border Adjustment Mechanism will have a significant and far-reaching impact on the industrial exports of all countries,especially developing countries,to the EU and even to the layout of the global industrial chain.The release of the proposal has aroused strong opposition from developing countries around the world,which has made the nature and rationality of carbon borders and carbon tariffs a hot topic among scholars.This paper attempts to analyze the Carbon Border Adjustment Mechanism of the European Union from the aspects of its legal nature and its possible influence on the trade of related carbon products,analyzes the system,and gives some suggestions on measures we can take in the face of this system.The first chapter describes the significance and background of the research,analyzes the research status at home and abroad,sorts out the worldwide understanding of the Carbon Border Adjustment Mechanism and makes a preliminary analysis.Chapter 2 analyzes the EU Carbon Border Adjustment Mechanism at the theoretical level,and clarifies the legal nature of EU Carbon Border Adjustment Mechanism by comparing its concepts such as carbon tariff and carbon border regulation tax.In Chapter 3,this paper expounds the specific content of the EU Carbon Border Adjustment Mechanism,starting from the dynamic operation level and the static system level,involving the adjustment scope,the calculation of carbon content of the system planning and the exemption system.Combined with its legal basis,The conflict between the EU Carbon Border Adjustment Mechanism and international law principles such as the principle of national treatment and the principle of most-favored-nation treatment was analyzed to provide support for a comprehensive understanding of the EU carbon border regulation mechanism.The fourth chapter is the innovative value of this paper.In this chapter,in order to analyze the impact of Carbon Border Adjustment Mechanism of the European Union on the international trade environment,the empirical analysis method is used to find the influence relationship between Carbon Border Adjustment Mechanism of the European Union and international trade through concrete data,and to provide data support for the suggestions on the development direction of our country.The fifth chapter is the development trend of Carbon Border Adjustment Mechanism and China’s response.Among them,in the part of the development trend of Carbon Border Adjustment Mechanism,this paper believes that carbon border may become a political tool risk and lead to the emergence of retaliatory carbon border measures,and discusses in combination with relevant legal principles.In terms of China’s response,this paper believes that China should improve its existing deficiencies from three aspects:improving China’s carbon emission trading rules,perfecting laws and regulations in the field of emission reduction,leading domestic energy enterprises to control carbon costs,accelerating the application of new energy technologies,and seeking multilateral cooperation in the field of environmental protection,so as to adapt to the new international environmental protection and economic forms as soon as possible after the introduction of the EU Carbon Border Adjustment Mechanism.