Cantitate/Preț
Produs

WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion: Common Concern of Humankind, Carbon Pricing, and Export Credit Support: World Trade Institute Advanced Studies, cartea 5

Autor Zaker Ahmad
en Limba Engleză Hardback – 3 feb 2021
The open access publication of this book has been published with the support of the Swiss National Science Foundation.

In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.
Citește tot Restrânge

Din seria World Trade Institute Advanced Studies

Preț: 79506 lei

Preț vechi: 96959 lei
-18% Nou

Puncte Express: 1193

Preț estimativ în valută:
15217 15860$ 12668£

Carte indisponibilă temporar

Doresc să fiu notificat când acest titlu va fi disponibil:

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9789004446083
ISBN-10: 9004446087
Dimensiuni: 155 x 235 mm
Greutate: 0.57 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies


Notă biografică

Zaker Ahmad obtained his Dr. iur. from the World Trade Institute at Bern in 2020. He is an Assistant Professor of Law at the University of Chittagong in Bangladesh.

Cuprins

Acknowledgments
List of Boxes and Figures
Abbreviations and Acronyms

Introduction

1 Climate Technology, Trade, and the Doctrine of Common Concern
I Mitigation of Climate Change: Fact vs. Law
II The LCTs as an Important Puzzle Piece
ATechnology in Mitigation Pathways
BThe Concept and Scope of LCTs
III International Trade for Low-carbon Technology Diffusion
AAspects of the Relationship between Trade and Technology
BThe Disconnect between Trade and Climate Legal Regimes
CFragmentation, or Regime Interactions
DPaths that Lead to Coherence Building
IV Common Concern of Humankind: History and Meaning
AInception and Evolution of the Notion
BMaking of a Common Concern
CLegal Consequence
V Towards a New Doctrine
AA Dynamic Gateway for ‘Common Concerns’
BEnhanced Legal Consequences
CForward Evolution
VI Application in the Trade-climate Interface
ATerms of Relationship with Key Notions
BImplications for Low-carbon Technology Diffusion
VII Conclusion

2 Rules and Facts on Low-Carbon Technology Diffusion
I The Origin of the Polemics on Technology Transfer
AUnsuccessful Code Negotiations
BRegime Specific Trends
II Developments in the Climate Regime
AEvolution of Institutional Frameworks
BEvolution of Financial Support Systems
COther Avenues Contributing to Low-carbon Technology Diffusion
DSummary Analysis

III Growing Empirical Understanding of Technology Diffusion Barriers
AStudies on the Relevance of Intellectual Property Rights
BSector and Country-Focused Studies
CTechnology Barriers Perceived by Developing Countries
DSummary Analysis

IV Developments in Trade Regulation
AExisting Multilateral Rules
BNegotiations and Deliberations at the WTO and UNCTAD
CTrade Disputes Regarding Technology Transfer and Renewables
DNon-multilateral Approaches
ESummary Analysis
V Conclusion

3 Towards a Cooperation Based Trade Action Agenda
I ‘Common Concern’ as a Guide to Trade Cooperation
AThe Challenge of Cooperation and Common Concern Doctrine
BKey Issues Regarding a Novel Duty to Cooperate
II Cooperation Regarding Low-carbon Technology Diffusion
AOutline of the Proposal
BIdentifying Actors and Respective Motivations
CIdentifying Relevant Measures
DA New Balance
EEnsuring Compliance
III Implementing the New Approach
AOvercoming Political Inertia
BTasks at the Multilateral Level
CIncorporation in Preferential Trade Agreements (PTAs)
D
Domestic Actions
IV Conclusion

4 Assisting the Diffusion of Low- Carbon Technology through Emission Pricing
I Pricing Emission using Taxes and Tariffs: A Brief Introduction
ARationale behind Carbon Pricing for Technology Diffusion
BDesign Considerations for an Effective and Equitable Measure
CThe Need for International Cooperation
DThe Measure Proposed

II WTO Eligibility of a Carbon Pricing Measure
AEligibility of Carbon Taxes
BEligibility of Carbon Tariffs
III Discriminatory Impact of Carbon Pricing
AProduct Comparability: The Test of ‘Likeness’
BStandard of Discrimination: Change in Conditions of Competition
CJustifying the Pricing Measures
IV Alternate Reading Aided by Common Concern
ARegarding the Test of ‘Likeness’
BRegarding the Legal Standard of Discrimination
CRegarding the General Exception
V Conclusion

5 Encouraging Technology Export through Public Financial Support
I Prospects and Challenges of Public Financial Support
AThe Problem and Potential of Public Finance
BPossible Avenues of Public Support
CThe Promise and Challenge of the Export Credit Agencies (ECAS)
DThe Proposed Measure
II ECA Activities and the WTO Subsidies Agreement
AThe Key Questions
BScope of the Agreement
CExport Incentive and Regulation on Prohibited Subsidies
DOther Challenges to the Export Promotion Incentives

III Looking Forward: Role of Common Concern
AAs an Aid to Interpretation
BAs a Guide for Reform
CCooperation and Homework Avenues
IV Conclusion

6 Unilateral Trade Sanctions to Secure Compliance with the Common Concern Doctrine
I The Domain of Unilateral Trade Sanctions
AArguments in Favour of Unilateral Sanctions
BConcerns Regarding Unilateral Sanctions
II Countermeasures and Common Concern of Clean Technology Diffusion
ARecap of the Doctrine’s Position
BOperational Specifications
III Position under Public International Law
IV Position under the Multilateral Trade Rules
ATrade Sanctions under the Exception Clauses
V Way Forward: Influence of Common Concern
VI Conclusion

Conclusion: Summary and Outlook
I International Trade, Clean Technologies and Common Concern
ATrade Cooperation for Technology Diffusion
BRole of Domestic Trade Policy Measures
CUtility of Unilateral Trade Countermeasures
II Lessons Learnt about the Doctrine
III Outlook

Annex – Scope of Clean Technologies
Bibliography
Index