2022
DOI: 10.1017/aju.2022.32
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How WTO-Consistent Tools can Ensure the Decarbonization of Emission-Intensive Industrial Sectors

Abstract: The European Union (EU) has been a frontrunner in curbing greenhouse gas emissions, having established in 2005 the Emission Trading System (ETS) and having adopted in July 2021 a proposal for a Carbon Border Adjustment Mechanism (CBAM). This essay explains how the design of the EU CBAM proposal complies with World Trade Organization (WTO) rules, in particular with the principle of non-discrimination. It then discusses how the EU can cooperate with other countries that share similar climate ambitions to decarbo… Show more

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Cited by 6 publications
(3 citation statements)
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“…Some studies have suggested that border carbon adjustment policy should be accompanied by a compensatory fund transfer aimed at financing the adoption of green technologies, especially in low-income countries. This can incentivize low-income countries to join the climate coalition ( [17], [22]). Some alternative measures to unilateral climate policies have been also suggested by Galiffa et al [22] like firstly, agreement on common decarbonization targets and giving individual countries the independence to decide the pathway to achieve it, secondly, a universal consensus on the product coverage and setting up common methods for calculating the embedded emission in the manufactured products, thirdly, enhancing the role of multilateral institutions to facilitate the implementation of climate policies and examining its compatibility with the World Trade Organization (WTO) framework.…”
Section: Existing Studiesmentioning
confidence: 99%
“…Some studies have suggested that border carbon adjustment policy should be accompanied by a compensatory fund transfer aimed at financing the adoption of green technologies, especially in low-income countries. This can incentivize low-income countries to join the climate coalition ( [17], [22]). Some alternative measures to unilateral climate policies have been also suggested by Galiffa et al [22] like firstly, agreement on common decarbonization targets and giving individual countries the independence to decide the pathway to achieve it, secondly, a universal consensus on the product coverage and setting up common methods for calculating the embedded emission in the manufactured products, thirdly, enhancing the role of multilateral institutions to facilitate the implementation of climate policies and examining its compatibility with the World Trade Organization (WTO) framework.…”
Section: Existing Studiesmentioning
confidence: 99%
“…In contrast, other studies suggest that the CBAM proposal complies with World Trade Organization (WTO) rules, particularly the principle of non-discrimination, and can work as a complementary tool to attain climate neutrality (Galiffa and Bercero, 2022). Similarly, the former leader of the World Trade Organization has characterised trade rules as a guide to adhere to, rather than a hindrance, when creating a carbon border adjustment (Muller et al, 2021).…”
Section: Carbon Border Adjustment Mechanism's General Impact On Inter...mentioning
confidence: 99%
“…' The enthusiasm of European policymakers for the CBAM was met with criticism by Brazil, China, India, and South Africa, the EU's largest trade partners, over the introduction of 'trade barriers' [14]. Despite these allegations, legal scholarship emphasizes that border adjustments are consistent with existing World Trade Organization (WTO) jurisprudence on policy-justified trade measures and do not, by design, violate non-discrimination provisions in trade agreements [15,16]. Apart from legal considerations, structural differences across carbon-intensive, trade-exposed sectors [17][18][19] as well as international economic and geopolitical challenges resulting from the introduction of a carbon border tax [20,21] will determine the political feasibility of the CBAM policy.…”
Section: Introductionmentioning
confidence: 99%