碳贸易机制与WTO规则的议题交叉与体系协调

On Overlapping Themes and System Coordination between the Carbon Trading Scheme and WTO Rules

京都碳贸易机制的发展越发显现出与世贸组织涵盖协定的议题交叉。界定碳信用单位的交易属于"货物"抑或"服务"贸易,可以明确其不属于GATT管辖的产品范畴。作为服务贸易的碳贸易机制与GATS的原则规则存在着广泛的议题交叉,需要择机将碳贸易机制纳入世贸组织贸易与环境议程,促使气候与贸易的国际法规则的体系协调。

The development of carbon trading system under the Kyoto Protocol has increasingly intrigued overlapping themes with relevant WTO rules. To define the unit of carbon trading credit as ＂cargo＂ or ＂service＂ trade can exempt the product regulations of GATT. While the carbon trading scheme as service trade should be subject to regulations of GATS, thus resulting in extensive overlapping themes with the latter. It is suggested to integrate the carbon trading scheme into the trading and environmental themes of WTO framework so as to coordinate the system of international laws on climate and trading.