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Climate Border Adjustments and WTO Law: Extending the EU Emissions Trading System to Imported Goods and Services de Ulrike Will

Climate Border Adjustments and WTO Law: Extending the EU Emissions Trading System to Imported Goods and Services: Nijhoff International Trade Law Series, cartea 17

Autor Ulrike Will
en Limba Engleză Hardback – 13 mar 2019
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). The proposed framework offers a realistic approach which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement.
The book offers a comprehensive analysis of the WTO cases that might have parallels to the unresolved case of BAs. It provides interpretations of vague legal terms of the applicable WTO agreements and guidance on how to balance between environmentally related and trade liberalising WTO rules. Typified constellations of BAs pave the way for a reform of the EU ETS Directive.
The inclusion of legal findings in the context of economic theory and climate science allows for a meaningful discussion of the functioning of the BA, relevant markets and competitive effects of specific design proposals. The proposed framework also takes into account the prevention of extra-jurisdictional effects.
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Specificații

ISBN-13: 9789004391048
ISBN-10: 9004391045
Pagini: 402
Dimensiuni: 155 x 235 x 25 mm
Greutate: 0.75 kg
Ediția:XIV, 402
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff International Trade Law Series

Cuprins

AcknowledgmentsList of AbbreviationsList of Figures and Tables1 Introduction2 The EU Emissions Trading System Leading to Carbon Leakage Effects2.1 United Framework Convention on Climate Change, Kyoto Protocol and Paris Agreement 2.2 EU Emissions Trading System (ETS) 2.3 Carbon Leakage Effects and Competitive Disadvantages 2.4 Current Approaches to Carbon Leakage in the EU 2.4.1 Export Rebates and Carbon Leakage List 2.4.2 The Extension of the EU ETS to International Flights2.4.3 Proposal for an Import BA for Cement and Clinker2.5 Result: The Need for an Import Carbon Leakage Policy3 Trade Measures to Resolve the Carbon Leakage Problem3.1 Measures between Trade Liberalisation and Trade Restriction 3.2 Committee on Trade and Environment 3.3 Doha Round and Environmental Goods Agreement 3.4 Unilateral Instruments 3.4.1 Import Ban, Quota and Standard3.4.2 Carbon Tariff3.4.3 Border Adjustment (BA) and the Integration into the EU ETS3.4.4 Linking the EU ETS with other ETSs3.5 Climate-Related Trade Instruments within Preferential Trade Agreements 3.5.1 Recognition and Harmonisation of Climate-Related Standards3.5.2 Conditional Tariff Policy3.5.3 A Common Border Adjustment3.5.4 Linking the EU ETS with Other ETSs3.6 Result: Unilateral BA for the EU ETS4 Structuring the BA in the WTO Context4.1 Focus on Imports 4.2 Aims 4.3 Interests 4.4 Effects 4.5 Provoking or Avoiding WTO Disputes? 4.6 The Multiple Legal Nature of ETS, BAs and Certificates 4.7 The Impact of International Climate Agreements on WTO law 4.8 Result: BA on Imports Complementing the EU ETS5 ETS and BA Restricting Trade in Goods 5.1 Measures at Issue: ETS and BA as Complementary Measures 5.2 Constellations of Discrimination 5.3 ETS and BA as Domestic Fiscal Measure 5.3.1 BA as a Charge Equivalent to an Indirect Tax5.3.2 ETS and BA as Fiscal Measure5.3.3 BA Not Charging Foreign Products in Excess of Domestic Like Products5.3.4 Taxing Foreign Products Similarly Compared to Competitive EU Products5.4 BA as Domestic Non-Fiscal Measure 5.5 BA as a Restriction on Market Access 5.6 Different BAs for Different Countries and the Most-Favoured Nation Treatment 5.6.1 Advantage5.6.2 Like Products5.6.3 Advantage Accorded Immediately and Unconditionally5.6.4 Exceptions for Developing Countries (Enabling Clause)5.6.5 Exceptions for Preferential Trade Agreements5.7 How to Avoid Restrictions of Article III GATT 5.8 ETS and BA as Climate Measures under the General Exceptions 5.8.1 Climate-Related Concerns the ETS and BA Seek to Protect5.8.2 Regulatory Autonomy for Climate Policy5.8.3 Necessity Test5.8.4 ‘Relating to’ Requirements5.8.5 Exclusion of Disguised Discrimination5.8.6 Limiting Extra-Jurisdictional Effects5.9 How to Avoid Restrictions of Article XX GATT 5.10 Notification and Transparency 5.11 Result: BA without Emissions-Based Product Distinctions6 ETS and BA Implying Technical Regulations or Standards 6.1 Measures at Issue: ETS and BA as Complementary Measures 6.1.1 Technical Standards6.1.2 Technical Regulations6.2 Constellations of Discrimination and Restriction 6.3 Climate-Related Concerns the ETS and BA Seek to Protect 6.4 Necessity Test 6.5 Non-Discrimination of Foreign Products 6.5.1 Like Products6.5.2 Treatment No Less Favourable and Exclusion of Disguised Discrimination6.6 Limiting Extra-Jurisdictional Effects 6.7 Notification and Transparency 6.8 Technical Assistance 6.9 Special and Differential Treatment of Developing Countries 6.10 Result: Product-Based BA Complying with the TBT Agreement7 ETS and BA Affecting Trade in Services 7.1 Measures at Issue: ETS Alone or ETS and BA as Complementary Measures 7.2 Constellations of Discrimination and Affected Services 7.3 EU Schedule of Commitments in the Relevant Sectors 7.4 Restriction of Environmental Services 7.5 Restriction of Financial Services 7.5.1 The EU Schedule and Financial Services7.5.2 Exclusion of Foreign Certificates as Market Access Restriction7.5.3 National Treatment of Foreign Certificates7.5.4 Most-Favoured Nation Treatment of Non-Kyoto Certificates7.6 Restriction of Aviation Services 7.6.1 Chicago Convention Relevant for the EU?7.6.2 Jurisdiction7.6.3 The GATS Annex on Air Transport Services7.6.4 Inclusion of International Flights into the EU ETS Providing Full Market Access?7.6.5 Treating Foreign as Favourably as EU Flights?7.6.6 Comparison between Non-Kyoto States and Kyoto States7.7 ETS and BA as Climate Measures under the General Exceptions 7.7.1 Climate-Related Concerns the ETS and BA Seek to Protect7.7.2 Necessity Test7.7.3 Exclusion of Disguised Discrimination7.7.4 Limiting Extra-Jurisdictional Effects7.8 Participation of Developing Countries 7.9 Transparency 7.10 Result: Recognition of Foreign Certificates that Contribute to Climate Protection8 Reform Proposal for an Import BA for the EU ETS 8.1 Emissions-Based Approach: Integration into the EU ETS 8.1.1 Measurement, Calculation8.1.2 Necessary Reforms of the EU ETS8.2 Price-Based Approach: BA Equivalent to the Restriction of the ETS Per Product or Service 8.2.1 Measurement, Calculation8.2.2 Necessary Reforms of the EU ETS8.3 Simplifications and Exemptions 8.3.1 Limitation of Sectors8.3.2 Threshold8.3.3 Foreign Climate Policies8.3.4 State of Development8.4 Use of Revenues from the BA 8.5 Moment of Adjustment 8.6 Result: Price-Based Import BA for the EU ETS9 OutlookBibliographyIndex

Notă biografică

Ulrike Will, Ph.D. (2018) European University Viadrina Frankfurt (Oder), Germany, is a Researcher in the project “Incentives, Fairness and Compliance in International Environmental Agreements” (InFairCom) at the Leipzig University of Applied Sciences in Germany.