%0 Generic
%A Marin Duran, Gracia
%C London, UK
%D 2022
%F discovery:10156831
%I UCL, Faculty of Laws
%K Carbon border adjustments, Climate fairness, Differentiated Responsibilities/Capabilities, Discrimination, WTO law, EU environmental footprint
%N 16/2022
%T Carbon Border Adjustments: Ensuring Compatibility with the International Climate and Trade Regimes
%U https://discovery.ucl.ac.uk/id/eprint/10156831/
%X The European Union is contemplating the adoption of a carbon border adjustment mechanism (CBAM), which would extend its domestic carbon price to emissions that are produced outside its borders but are embedded into its imports of carbon-intensive commodities. In doing so, the EU is testing the boundaries of permissible unilateral action at the interface of international climate and trade law. However, the question of whether the proposed CBAM is compatible with these two multilateral legal regimes is yet to be addressed in an integrated manner. This article seeks to fill this gap in the scholarship and makes two arguments. First, the CBAM as presently designed does not respect the principle of Common but Differentiated  Responsibilities and Respective Capabilities (CBDRRC) and needs to be adjusted through two forms of differential treatment: a full exemption for least-developed countries and Small Island Developing States and use of CBAM-generated revenue to support decarbonisation efforts in other affected developing countries. Second, this CBDRRC-based differentiation should be permissible under WTO law on grounds that it does not amount to discrimination between countries where same conditions prevail.
%Z This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.