Download or read book Carbon related Border Adjustment and WTO Law written by Kateryna Holzer and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Carbon-Related Border Adjustment and WTO Law will be of great benefit to policymakers and practitioners working in the area of climate policy and trade regulation. Researchers and advanced students in international economic law and international enviro

Download or read book Climate Border Adjustments and WTO Law written by Ulrike Will and published by BRILL. This book was released on 2019-07-29 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Climate Border Adjustments and WTO Law, Ulrike Will develops a convincing reform proposal for a climate border adjustment (BA) on imports within the EU Emission Trading System (ETS), which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement.

Download or read book Environmental Border Tax Adjustments and International Trade Law written by Alice Pirlot and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.

Download or read book The EU Proposal for a Carbon Border Adjustment Mechanism CBAM written by Ilaria Espa and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper scrutinizes the European Union's proposal for a carbon border adjustment mechanism (CBAM) under the rules of the World Trade Organization (WTO) and climate change law. It first examines the logic behind the CBAM as a border carbon adjustment measure, having due regard to the complex interplay between its stated carbon leakage rationale and its fair competition mechanics. It then dissects the main anticipated features of the CBAM and discusses how they may fare under both WTO law and climate change law. Finally, it identifies the most critical proposed design elements from a legal perspective and discusses possible alternatives or variations that could better align the CBAM with its climate change purpose.

Download or read book Emissions Trading and WTO Law written by Felicity Deane and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emissions Trading and WTO Law examines the global trade issues that arise as a result of the introduction of emissions trading frameworks. The book focusses specifically on the rules of the WTO, as a tool to demonstrate where the boundaries exist for a

Download or read book WTO Law Constraints on Border Tax Adjustment and Tax Credit Mechanisms to Reduce the Competitive Effects of Carbon Taxes written by Joel P. Trachtman and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is possible to design an import border tax adjustment that would pose a reduced risk of violating World Trade Organization (WTO) law, and, in the event a violation is found, an increased likelihood of satisfying the requirements for an exception. The lowest risk of successful WTO legal challenge would be presented by a border tax adjustment (BTA) in relation to a national product-based tax that does not vary by reference to carbon intensity of production, but is set at a fixed rate for specified categories of products. A national carbon consumption tax that varies by reference to the carbon intensity of production could achieve many of the same goals as the combination of a national carbon tax on production combined with an import BTA. If the consumption tax structure is not used, then an export border tax adjustment could address the foreign market competitiveness issue, but might significantly reduce the likelihood of the related import BTA satisfying the requirements for a WTO law exception. Alternatively, it is possible to provide domestic subsidies to high-carbon industries.

Download or read book Export Rebates and the EU Carbon Border Adjustment Mechanism written by Giulia Claudia Leonelli and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU proposal for a carbon border adjustment mechanism ('CBAM') has triggered a lively academic and policy debate. In June 2022, the European Parliament put forward amendments regarding the potential introduction of export rebates under the EU Emission Trading System ('ETS') and the CBAM. This article focuses on this specific proposal, enquiring into the WTO law compatibility of ETS/CBAM export rebates. First, it enquires whether the 'pecuniary burden' associated with compliance with the CBAM would qualify as a 'charge' that is 'equivalent to an internal tax' and that is 'imposed consistently with Article III:2 GATT'. Second, it suggests that the 'pecuniary burden' associated with compliance with the ETS/CBAM is unlikely to qualify as an adjustable product tax; the analysis draws on a close examination of relevant provisions in the GATT 1994 and the Agreement on Subsidies and Countervailing Measures ('SCMA'). Finally, the article develops some brief considerations on the detrimental environmental effects of export rebates. As the article concludes, the regulatory design of the CBAM is not perfect; export rebates, however, would make this scheme considerably worse.

Download or read book Carbon Pricing What Role for Border Carbon Adjustments written by Ian W.H. Parry and published by International Monetary Fund. This book was released on 2021-09-27 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Climate Note discusses the rationale, design, and impacts of border carbon adjustments (BCAs), charges on embodied carbon in imports potentially matched by rebates for embodied carbon in exports. Large disparities in carbon pricing between countries is raising concerns about competitiveness and emissions leakage, and BCAs are a potentially effective instrument for addressing such concerns. Design details are critical, however. For example, limiting coverage of the BCA to energy-intensive, trade-exposed industries facilitates administration, and initially benchmarking BCAs on domestic emissions intensities would help ease the transition for emissions-intensive trading partners. It is also important to consider how to apply BCAs across countries with different approaches to emissions mitigation. BCAs are challenging because they pose legal risks and may be at odds with the differentiated responsibilities of developing countries. Furthermore, BCAs provide only modest incentives for other large emitting countries to scale carbon pricing—an international carbon price floor would be far more effective in this regard.

Download or read book Research Handbook on Climate Change and Trade Law written by Panagiotis Delimatsis and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.

Download or read book The Spectre of Carbon Border Adjustment Measures written by Navraj Singh Ghaleigh and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Carbon border adjustments raise fears amongst both the community of climate/international environmental lawyers and trade lawyers. To the latter they risk taking the form of unjustifiable barriers to trade and may sit uneasily with the body of WTO law concerning trade and the environment. To the former constituency such measures are yet more difficult, both buttressing emission reduction policies and measures that are vulnerable to carbon leakage whilst raising issues for fundamental principles such as CBDR and sustainable development. This paper addresses these concerns in the context of US and EU measures, considering them in the light of WTO case law and in particular the Brazil-Tyres dispute. The US measures, contained principally in the Waxman-Markey Bill, are of interest despite their demise for the parallels that they share with the steps taken by the EU in its Climate Change Package.

Download or read book WTO Law and Trade Policy Reform for Low Carbon Technology Diffusion written by Zaker Ahmad and published by BRILL. This book was released on 2021-02-08 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.

Download or read book Carbon Border Measures Environmental Effectiveness and WTO Law Compatibility written by Giulia Claudia Leonelli and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its narrow focus on price-based policies and 'explicit' carbon prices, the EU carbon border adjustment mechanism (CBAM) aims to prevent carbon leakage by ensuring that imported products 'bear' the same exact economic costs 'borne' by EU products. The proposed US border carbon adjustment (BCA) and the recent proposal for a global steel and aluminium arrangement (GSAA), by contrast, reflect a broader focus on environmental equivalence and recourse to punitive or quasi-punitive remedies. All recently proposed carbon border measures suffer from specific limitations. Further, albeit to a different extent, they are all associated with problematic aspects in terms of WTO law compatibility. This research note enquires whether the GSAA could be fine-tuned at the regulatory design stage in such a way as to provide an environmentally effective and WTO law compatible way forward. The analysis illustrates that recourse to an installation-based approach, emission limit values and product standards would achieve these goals. Nonetheless, the implementation of this ambitious strategy would be fraught with political obstacles.

Download or read book International Climate Change Law written by Daniel Bodansky and published by Oxford University Press. This book was released on 2017-06-08 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.

Download or read book Legal Issues on Climate Change and International Trade Law written by Deok-Young Park and published by Springer. This book was released on 2016-04-29 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an excellent overview of the legal issues surrounding climate change mitigation and international trade law. It surveys key observed and potential challenges posed by responses to climate change in terms of international trade law. By examining the controversial issues seen in legal cases in which domestic climate change or renewable energy measures conflicted with international trade regimes, this volume promotes and broadens the understanding and debate of the issues. Beyond the recognized challenges, this book uncovers potential areas of conflict between climate change responses and international trade promotion by exploring previous cases and current efforts to prevent climate change. Furthermore, this volume sheds light on the future direction of international trade law and climate change responses, pointing out that the development of climate change or renewable energy laws and policies must also consider international trade regimes in order to ensure the smooth implementation of said laws and policies and guarantee that international trade laws do not restrict environmental policy space.

Download or read book Carbon Border Tax Adjustment from WTO Point of View written by Sungjin Kang and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of carbon border tax adjustment (CBTA) has been coming up for the last few years as a viable policy alternative from both sides of the Atlantic Ocean. The economic rationale is that when a domestic producer is subject to a domestic carbon emission taxation and faces competition with an import from a country without such taxation, that domestic producer will be in a serious market disadvantage. From the legal point of view, the author is interested in reviewing whether it can be justified under the GATT and the Agreement on Subsidies and Countervailing Measures. (ASCM) The issue of border tax adjustments was firstly dealt with in 1970 in a famous GATT Working Party Report on Border Tax Adjustment (L/3464). In that report, the Working Party did not provide a final answer on the WTO-consistency of border tax adjustment (BTA) under the GATT. However, it did point out that it may be inconsistent to Article III:2 of the GATT if it is applied as a discriminatory taxation between the domestic and foreign producers. The author then considers that the carbon border tax adjustment is likely to be inconsistent with Article III:2 of the GATT. Then whether it can be justified under GATT Article XX is also very crucial. From the ASCM point of view, there are two issues to consider: 1) whether the tax itself can constitute a prohibited subsidy or an actionable subsidy under the ASCM, and 2) how system of distribution of the tax is viewed under the ASCM. However, first question is hard to answer as it is not sure whether CBTA constitutes a “subsidy” under the ASCM. In conclusion, the author considers that States must be more careful to approach the issue of CBTA. One approach may be to reach a multilateral agreement which provides clear sets of rules to exempt certain types of carbon border taxes within or outside the WTO framework.

Download or read book Protection of Foreign Investments in an Intra EU Context written by Moskvan, Dominik and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.

Download or read book The European Commission s Proposal on the Establishment of a Carbon Border Adjustment Mechanism is it Compatible with the EU s Obligations Under the WTO written by Youssef Belhaous and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this research, our aim was to try to understand the true nature of the CBAM, proposed by the European Commission, from a WTO standpoint. With all the complexities surrounding the EU's domestic political ambitions, how its trading partners may react under the WTO, and how international law, particularly the Paris Climate Agreement, may come into play, etc.,What is the purpose of the legislation? How is it applied, and to whom is it addressed? And most importantly, under which provisions of the GATT could the CBAM be tackled and Analyzed, and is it GATT compliant? If not, is it a measure that could potentially be justified under the GATT? Under which provision could it be justified? Under which conditions? Will the CBAM really solve the issue? Or will it just make it worse? What solutions does the CBAM offer to which problems?