氣候治理與貿易自由：歐盟碳邊境調節機制的合法性爭辯及中國因應

Climate Governance and Trade Freedom: The Legitimacy Debate of the EU CBAM and China's Response

作為全球首個與氣候有關的貿易規制措施，歐盟碳邊境調節機制是實現“歐洲綠色新政”的關鍵制度設計，旨在取消免費配額，防止碳洩漏，形成以“碳市場+碳關稅”雙輪驅動的全球氣候治理秩序。作為免費配額的替代方案和頗具爭議的單邊措施，該機制的實施將把歐盟單一的核算標準和碳價體系強行同步給源自不同國家、差異化的進口產品，涉嫌違反“共同但有區別責任”原則、WTO非歧視原則及關稅減讓承諾，也很難援引健康和環境例外，主張其合法性。中歐互為重要的貿易夥伴，該機制過渡期內對我國影響不大，但中長期的挑戰不可低估。為此，可以從利用WTO爭端解決機制、成為“氣候俱樂部”創始成員、構建“一帶一路”區域碳交易共同市場等方面著手，最大限度降低該機制的實施擴散和外溢影響。

As the world's first trade regulatory measure related to climate, the European Union's Carbon Border Adjustment Mechanism (CBAM) is a pivotal institutional design for realizing the ''European Green Deal''. It aims to achieve ambitious emission reduction targets and prevent carbon leakage risks, advance global climate regulation through unilateral actions, and promote the compatibility of climate standards with trade rules. It also seeks to eliminate free allowances, narrow the carbon price gaps between EU carbon markets and the carbon cost gap between EU and non-EU enterprises, thereby maintaining the EU carbon market's green competitive advantage. Furthermore, it aims to strengthen the EU's voice in climate governance by applying unilateral climate regulatory measures extraterritorially to facilitate multilateral climate regulation, enabling the extraterritorial diffusion of the EU's paradigm and standards for trade-related carbon accounting and pricing, forming a global carbon system centered on the EU Emissions Trading System (ETS), and ultimately fostering a global climate governance order driven by a dual-wheel approach of ''carbon market + carbon tariff''. As an alternative to free allowances and a controversial unilateral measure, the implementation of the CBAM will synchronize the EU's uniform accounting standards and carbon pricing system with imported products originating from different countries with varied characteristics, potentially violating the principles of ''common but differentiated responsibilities'' and ''respective capabilities'' in climate governance, the National Treatment and Most-Favored-Nation Treatment in the WTO, and the EU's tariff concessions commitments under the WTO. It is also difficult to invoke the GATT health and environment exception clauses to justify its legality. China and the EU are mutually important trade partners. Currently, the absolute value of China's exports of products covered by the EU's CBAM is relatively large, but the overall proportion is relatively small. During the transition period, CBAM will have limited impact on China. However, as the scope of CBAM continues to expand and EU carbon prices continue to soar, and given the significant gap between the industry scope and carbon price incentives covered by China's carbon market and the ETS, the inhibitory impact of CBAM on China's future exports to the EU will increasingly grow, posing medium- to long-term challenges that cannot be underestimated. Therefore, as the EU's largest trading partner, China must plan ahead at the national level and devise specific measures to address CBAM. Firstly, in the long term, China can gradually increase domestic carbon prices or impose carbon taxes to narrow the carbon price gap with the ETS. Secondly, China should fully utilize the WTO dispute settlement mechanism by submitting disputes between China and the EU concerning CBAM to the WTO panel procedure and initiating the appellate arbitration procedure under the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) to safeguard the rights and interests of Chinese export enterprises. Thirdly, China should strengthen coordination and cooperation with the EU, explore ways to link the Chinese and EU carbon markets, actively participate in negotiations on the EU Climate Club, and strive to become a founding member. Finally, leveraging the broad consensus and influence gained through the Belt and Road Initiative, China should advocate for the establishment of a ''Belt and Road'' regional carbon trading common market with the ''RMB'' as the core settlement currency, mitigate the impact of CBAM on trade among countries along the Belt and Road, and enhance competitiveness with European and American climate governance. Through the above measures, the long-term impact of CBAM on international trade pattern can be minimized.