共同但有区别责任原则下的碳关税论析
发布时间：2018-12-18 00:12
【摘要】：共同但有区别责任是指各国对保护全球环境应该负有共同的但是又有区别的责任。该原则经历了萌芽、提出并确立、细化三个发展阶段,已成为国际社会公认的保护和改善国际环境的基本原则。然而美国却在该原则不断深入人心的时候提出征收碳关税,对共同但有区别原则造成了极大的冲击。“碳关税”的提出对于现行的贸易规则造成了一定的影响,而且这种影响是深远的,贸易规则的变化会在很大程度上影响我国经济贸易的发展。在环保的旗号下,碳关税隐藏着美国为首的发达国家诸多的政治目的。碳关税的实施利弊均有,但综合各方面因素来看,其实施弊大于利。针对目前的情况,我国应采取各种措施,对“碳关税”对世界贸易规则的影响进行相应的研究,在一定程度上预见世界贸易规则在此基础上可能发生的变化,并及时调整我国的产业结构。积极应对别有用心的碳关税措施。 针对上述分析,本文通过五大部分论述主题,第一部分论述共同但有区别责任原则的概念和历史沿革,第二部分论述碳关税的内涵及其实质分析,首先通过前两部分的论述先对共同但有区别原则和碳关税有一个系统的了解。然后第三部分是对碳关税的合法性分析,从碳关税的实施违反共同但有区别原则,违反WTO有关环境的原则以及违反WTO具体规则的角度分别论述,得出碳关税不合法的结论。第四部分则论述实施碳关税会对我国产生的影响,得出碳关税的实施虽然有利有弊,但是弊大于利,从而引出第五部分我国的碳关税应对措施.第五部分通过论述我国应对碳关税的内部措施和外部措施,为我国应对可能到来的碳关税征收添砖加瓦,以期我国能未雨绸缪,顺利跨过西方国家设置的贸易壁垒!
[Abstract]:Common but differentiated responsibilities mean that countries should have common but differentiated responsibilities for the protection of the global environment. This principle has gone through three stages of development. It has been recognized by the international community as the basic principle of protecting and improving the international environment. However, the United States proposed a carbon tariff when the principle became more and more popular, which had a great impact on the principle of common but differentiated. The introduction of "carbon tariff" has a certain impact on the current trade rules, and this effect is far-reaching. The change of trade rules will greatly affect the development of economic and trade in China. Under the banner of environmental protection, carbon tariffs hide many political aims of the developed countries led by the United States. There are advantages and disadvantages in the implementation of carbon tariff, but according to various factors, its implementation is more harmful than good. In view of the current situation, China should take various measures to study the effect of carbon tariff on the rules of world trade, and to some extent foresee the possible changes in the rules of world trade on this basis. And timely adjustment of China's industrial structure. Actively respond to ulterior motives carbon tariff measures. In view of the above analysis, this paper discusses five major themes: the first part discusses the concept and historical evolution of the principle of common but differentiated responsibilities, the second part discusses the connotation and essential analysis of carbon tariff. First of all, through the first two parts of the discussion on the principle of common but differentiated and carbon tariffs have a systematic understanding. Then the third part is the legitimacy analysis of carbon tariff, from the implementation of carbon tariff violates the principle of common but differentiated, violates the environmental principles of WTO and violates the specific rules of WTO, and draws the conclusion that carbon tariff is illegal. The fourth part discusses the impact of the implementation of carbon tariffs on our country, the implementation of carbon tariffs, although there are advantages and disadvantages, but more harm than good, leading to the fifth part of China's carbon tariff measures. The fifth part discusses the internal and external measures of our country to deal with carbon tariffs, for China to respond to the possible carbon tariff collection, in the hope that China can prepare ahead of time, smoothly across the western countries set up trade barriers!
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996
本文编号：2384985
[Abstract]:Common but differentiated responsibilities mean that countries should have common but differentiated responsibilities for the protection of the global environment. This principle has gone through three stages of development. It has been recognized by the international community as the basic principle of protecting and improving the international environment. However, the United States proposed a carbon tariff when the principle became more and more popular, which had a great impact on the principle of common but differentiated. The introduction of "carbon tariff" has a certain impact on the current trade rules, and this effect is far-reaching. The change of trade rules will greatly affect the development of economic and trade in China. Under the banner of environmental protection, carbon tariffs hide many political aims of the developed countries led by the United States. There are advantages and disadvantages in the implementation of carbon tariff, but according to various factors, its implementation is more harmful than good. In view of the current situation, China should take various measures to study the effect of carbon tariff on the rules of world trade, and to some extent foresee the possible changes in the rules of world trade on this basis. And timely adjustment of China's industrial structure. Actively respond to ulterior motives carbon tariff measures. In view of the above analysis, this paper discusses five major themes: the first part discusses the concept and historical evolution of the principle of common but differentiated responsibilities, the second part discusses the connotation and essential analysis of carbon tariff. First of all, through the first two parts of the discussion on the principle of common but differentiated and carbon tariffs have a systematic understanding. Then the third part is the legitimacy analysis of carbon tariff, from the implementation of carbon tariff violates the principle of common but differentiated, violates the environmental principles of WTO and violates the specific rules of WTO, and draws the conclusion that carbon tariff is illegal. The fourth part discusses the impact of the implementation of carbon tariffs on our country, the implementation of carbon tariffs, although there are advantages and disadvantages, but more harm than good, leading to the fifth part of China's carbon tariff measures. The fifth part discusses the internal and external measures of our country to deal with carbon tariffs, for China to respond to the possible carbon tariff collection, in the hope that China can prepare ahead of time, smoothly across the western countries set up trade barriers!
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996
【引证文献】
相关期刊论文 前1条
1 刘冰;杨阿丽;;国际气候法框架下碳关税的合法性质疑——以共同但有区别责任原则为视角[J];海峡法学;2013年02期
，本文编号：2384985
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