EU Carbon Border Adjustment Mechanism:Legitimacy Debate and China's Response
In 2021,the European Union initiated the implementation of the Carbon Border Ad-justment Mechanism(CBAM)to address carbon leakage,uphold the international competitiveness of its goods,and reshape its leadership in global climate governance,aiming to rectify the price dis-crepancy between products with equivalent carbon emissions within and outside the EU.While the EU has made significant efforts to formalize its CBAM,in the context of international climate law,this initiative stands in contrast to the"common but differentiated principle",which is a cornerstone of global climate governance.Additionally,it conflicts with the provisions of the Paris Agreement that pertain to the diversification of strategies for emissions reduction.From the perspective of inter-national trade law,the CBAM potentially infringes upon the principles of national treatment and most-favored-nation treatment enshrined in the WTO agreements,and fails to meet the criteria for in-voking exceptions to the principle of non-discrimination.As the primary source of imports for the EU and the nation with the highest level of carbon emissions,China will be affected by the spillover effects of the CBAM across various domains,including both climate governance and international trade.Consequently,China should maintain committed to the multilateral mechanism,actively par-ticipate in and assume a leadership role in the development of a more equitable and rational interna-tional carbon pricing system.It should also intensify dialogues with the EU concerning carbon tariff regulations and refine its domestic carbon emission trading and carbon tax legislation.These meas-ures are essential steps toward the gradual realization of carbon neutrality goals.
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