| 英文摘要 |
In 2021, Tthe European Union (EU) has publised its draft regulatory proposal of the “Carbon Border Adjustment Mechanism” (CBAM) that will apply to imported products. The proposed regime focuses on high carbon emission manufactuturing activities from all third countries outside the EU’s “Carbon Emissions Trading System (ETS)” regime. The main objective of the CBAM is to control and reduce the risk of “carbon leakage”, i.e. the shift of production activities with high carbon emissions to territories that have yet to introduce carbon pricing or other specific measures to address the issues of carbon emission. Besides, the CBAM also alleviates the european industry from competitive disadvantages.
However, as the CBAM applies additional charges to imported goods, it unavoidably involves the issue of legal consistency with the World Trade Organization (WTO) rules. Considering that CBAM is the first unilaterally attempt by WTO members in response to address the global warming crisis, this article provides initial legal analysis based on WTO jurisprunce on selected key issues of the CBAM. |
