Does International Trade Law Permit Border Carbon Adjustment Schemes If the Trump Administration Withdraws from the Paris Agreement?

2017 ◽  
Author(s):  
Brian Chang
Keyword(s):  
International Trade ◽  
Paris Agreement ◽  
Trade Law ◽  
International Trade Law ◽  
Trump Administration

scholarly journals Designing Border Carbon Adjustments for Enhanced Climate Action

2019 ◽  
Vol 113 (3) ◽  
pp. 433-481 ◽  
Author(s):  
Michael A. Mehling ◽  
Harro van Asselt ◽  
Kasturi Das ◽  
Susanne Droege ◽  
Cleo Verkuijl
Keyword(s):  
International Trade ◽  
Climate Policy ◽  
Comprehensive Analysis ◽  
Paris Agreement ◽  
Carbon Leakage ◽  
Trade Law ◽  
International Trade Law ◽  
Climate Action ◽  
International Climate ◽  
Environmental Considerations

AbstractThe Paris Agreement advances a heterogeneous approach to international climate cooperation. Such an approach may be undermined by carbon leakage—the displacement of emissions from states with more to less stringent climate policy constraints. Border carbon adjustments offer a promising response to leakage, but they also raise concerns about their compatibility with international trade law. This Article provides a comprehensive analysis of border carbon adjustments and proposes a way to design them that balances legal, administrative, and environmental considerations.

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