气候与贸易交叉议题的国际法规制

在国际法总体从碎片化向共进化的发展进程中,应对气候变化的国际法和促进自由贸易的国际法正自成体系地平行发展。同时,这两套国际法体系由于机制原因而产生包括碳贸易机制和单边减排措施在内的规则上的交叉议题。这些议题交叉现象虽非不可调和的冲突,但自2010年以来频繁爆发的气候与贸易争端案件,已使气候与贸易国际法规则的适用面临困境,短期内可通过世贸组织争端解决机制经由司法造法进程逐步解决气候与贸易议题交叉的规则适用问题。

On the International Law of Crossing Issues Related to Climate and Trade

In the process of the development of international law from fragmentation to co-progressiveness in a general sense,the branch of international law addressing climate change and promoting free trade is establishing its own system of parallel development.At the same time,due to the crossing of issues in mechanisms,these two branches of international law exist such crossing issues in rules as carbon trading mechanisms and unilateral reduction measures.The phenomenon of these crossing issues is not an irreconcilable conflict,but the frequent outbreak of climate and trade dispute cases since 2010 has led to difficulties in the application of climate and trade rules of international law.However,in the short term,the WTO dispute settlement mechanism can be used to solve the problem in the application of the rules for crossing issues related to climate and trade through the judicial law-making process.