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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Carbon-Related Border Adjusment and WTO Law

ISBN13: 9781782549987
Published: May 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00

Low stock.

By expounding the legal foundations of border tax adjustments in international trade regulation, this much-needed book lays out the scope and limitations within which border carbon adjustments need to operate.

The author examines the extent to which countries can lawfully impose border adjustment measures in relation to the carbon footprint of products on importation and exportation. In doing so, she provides a thorough analysis of the provisions of the WTO Agreement applicable to border carbon adjustments, offers a comprehensive review of relevant case law and engages with the extensive literature on the subject.

Given the probability of conflict with non-discrimination rules of the GATT and uncertainty over justification of different designs of carbon-related border adjustment schemes under the exceptions of GATT Article XX, the book argues for a negotiated solution and discusses the possibility of the use of border carbon adjustments under preferential trade agreements.

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 environmental law will also find much to interest them in this work.

Environmental Law, International Trade
1. Introduction

Part I: Carbon-related Border Adjustment: Putting the Issue into Context
2. Human-induced Climate Change and Global Action
3. Border Adjustment as it Relates to Climate Policy
4. Border Adjustment Practices in International Trade

Part II: WTO Legal Issues Concerning Carbon-related Border Adjustment
5. PPM-based Border Adjustment Under WTO Law
6. The Possibility of Defense Under General Exceptions of GATT Article XX
7. Testing WTO Compliance of Various Forms of Carbon-related BAMs
8. Legal Issues Arising from the Implementation of Carbon-related BAMs

Part III: Solutions to the WTO-Inconsistency of Carbon-related Border Adjustment
9. The Potential of and Limits to a Multilateral Approach
10. A Bilateral Approach to Imposing Carbon-related Border Adjustments
11. Summary of Main Findings