Carbon-motivated border tax adjustment （BTA） aims to compensate for the loss of competitiveness of carbon intensive products due to carbon dioxide abatement actions. Based on the analysis of the international backgr...Carbon-motivated border tax adjustment （BTA） aims to compensate for the loss of competitiveness of carbon intensive products due to carbon dioxide abatement actions. Based on the analysis of the international background of carbon-motivated BTAs, this paper discusses the fundamental motivation leading to US policy transformation, the potential impacts of the policy on China＇s manufacturing industries, and the compatibility of the policy to WTO rules. Carbon-motivated BTAs violate the fundamental principle of the UNFCCC, and potentially conflict with the core WTO principle of non-discrimination reflected in the GATT Articles 1 and III. However, Article XX of the GATT may be applicable. Thus, the author suggests several measures to alleviate the impacts of carbon-motivated BTAs, and puts forward countermeasures based on carbon consumption per capita.展开更多
Overviewing the international trade both in theoretical studies and legal cases, there is a notion known as ‘like product’, occurs in both the WTO law and the GATT 1994. Even though this concept occurs in the severa...Overviewing the international trade both in theoretical studies and legal cases, there is a notion known as ‘like product’, occurs in both the WTO law and the GATT 1994. Even though this concept occurs in the several of agreements, nevertheless, the concept of ‘like product’ is not defined in the GATT 1994. However, it plays a dominant role in the international trade, and it is a key point to deal with some issues of international trade, particularly in anti-dumping issues. Product and ‘Like product＇ both are most important elements in GATT, mostly in every principle rules has concerned it since GATT has been signed. World economy is developing and growing faster, and had pushed the GATT into playing an even more central role. The product also developing and been evolution, Therefore there were certainly changes in the subjects here addressed. But the changes came largely in the form of filling in the gaps-again both in the rules and in the institution. This thesis will be concerned with the evolution and significance of the notion of ‘like product’ under the GATT fundamental principles.展开更多
文摘Carbon-motivated border tax adjustment （BTA） aims to compensate for the loss of competitiveness of carbon intensive products due to carbon dioxide abatement actions. Based on the analysis of the international background of carbon-motivated BTAs, this paper discusses the fundamental motivation leading to US policy transformation, the potential impacts of the policy on China＇s manufacturing industries, and the compatibility of the policy to WTO rules. Carbon-motivated BTAs violate the fundamental principle of the UNFCCC, and potentially conflict with the core WTO principle of non-discrimination reflected in the GATT Articles 1 and III. However, Article XX of the GATT may be applicable. Thus, the author suggests several measures to alleviate the impacts of carbon-motivated BTAs, and puts forward countermeasures based on carbon consumption per capita.
文摘Overviewing the international trade both in theoretical studies and legal cases, there is a notion known as ‘like product’, occurs in both the WTO law and the GATT 1994. Even though this concept occurs in the several of agreements, nevertheless, the concept of ‘like product’ is not defined in the GATT 1994. However, it plays a dominant role in the international trade, and it is a key point to deal with some issues of international trade, particularly in anti-dumping issues. Product and ‘Like product＇ both are most important elements in GATT, mostly in every principle rules has concerned it since GATT has been signed. World economy is developing and growing faster, and had pushed the GATT into playing an even more central role. The product also developing and been evolution, Therefore there were certainly changes in the subjects here addressed. But the changes came largely in the form of filling in the gaps-again both in the rules and in the institution. This thesis will be concerned with the evolution and significance of the notion of ‘like product’ under the GATT fundamental principles.
