The growing demand in global markets for commodities like palm oil, soy and cocoa has a disastrous impact on forests, carbon emissions, as well as the lands and livelihoods of forest-dependent people. Governments, private sector, civil society and forest-dependent people have, separately or jointly, committed to voluntary actions to protect forests (e.g., pledges, zero deforestation commitments, certification standards). However, recent research shows that these voluntary commitments and standards have neither halted nor slowed deforestation. This demonstrates that they cannot stand alone. Alongside voluntary action, national legal frameworks that regulate forest conversion are crucial. This research explores the importance of national laws for reducing deforestation from forest-risk commodities and the legal options available to national law-makers to address competing demands for forested lands.
As developed countries adopt climate change mitigation measures ahead of others, they fear ‘carbon leakage’: relocation of their emissions‐intensive trade‐exposed (EITE) industries to countries without climate regimes. The Australian Government will provide a percentage of emission allowances for free to eligible EITE industries under its emissions trading scheme. This article examines the compatibility of these measures with Australia's obligations under the General Agreement on Tariffs and Trade and Agreement on Subsidies and Countervailing Measures. Ultimately, these measures are held likely to be consistent with World Trade Organization rules, proving that the ‘first mover’ disadvantage of carbon leakage can be overcome.
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