Carbon-related Border Adjustment and WTO Law

Carbon-related Border Adjustment and WTO Law
Author: Kateryna Holzer
Publisher: Edward Elgar Publishing
Total Pages: 341
Release: 2014-05-30
Genre: Political Science
ISBN: 1782549994

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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

Climate Border Adjustments and WTO Law

Climate Border Adjustments and WTO Law
Author: Ulrike Will
Publisher: BRILL
Total Pages: 419
Release: 2019-07-29
Genre: Law
ISBN: 9004391053

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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.

Environmental Border Tax Adjustments and International Trade Law

Environmental Border Tax Adjustments and International Trade Law
Author: Alice Pirlot
Publisher: Edward Elgar Publishing
Total Pages: 351
Release: 2017-10-27
Genre: Law
ISBN: 1786435519

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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.

The EU Proposal for a Carbon Border Adjustment Mechanism (CBAM)

The EU Proposal for a Carbon Border Adjustment Mechanism (CBAM)
Author: Ilaria Espa
Publisher:
Total Pages: 0
Release: 2022
Genre: Carbon taxes
ISBN:

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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.

Emissions Trading and WTO Law

Emissions Trading and WTO Law
Author: Felicity Deane
Publisher: Edward Elgar Publishing
Total Pages: 235
Release: 2015-02-27
Genre: Business & Economics
ISBN: 1783474424

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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

WTO Law Constraints on Border Tax Adjustment and Tax Credit Mechanisms to Reduce the Competitive Effects of Carbon Taxes

WTO Law Constraints on Border Tax Adjustment and Tax Credit Mechanisms to Reduce the Competitive Effects of Carbon Taxes
Author: Joel P. Trachtman
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN:

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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.

Carbon Pricing: What Role for Border Carbon Adjustments?

Carbon Pricing: What Role for Border Carbon Adjustments?
Author: Ian W.H. Parry
Publisher: International Monetary Fund
Total Pages: 22
Release: 2021-09-27
Genre: Business & Economics
ISBN: 1513594540

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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.

Export Rebates and the EU Carbon Border Adjustment Mechanism

Export Rebates and the EU Carbon Border Adjustment Mechanism
Author: Giulia Claudia Leonelli
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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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.

Research Handbook on Climate Change and Trade Law

Research Handbook on Climate Change and Trade Law
Author: Panagiotis Delimatsis
Publisher: Edward Elgar Publishing
Total Pages: 564
Release: 2016-12-30
Genre: Law
ISBN: 1783478446

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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.

The Spectre of Carbon Border-Adjustment Measures

The Spectre of Carbon Border-Adjustment Measures
Author: Navraj Singh Ghaleigh
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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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.