eprintid: 10156831
rev_number: 9
eprint_status: archive
userid: 699
dir: disk0/10/15/68/31
datestamp: 2023-05-23 12:49:33
lastmod: 2023-05-23 12:49:33
status_changed: 2023-05-23 12:49:33
type: working_paper
metadata_visibility: show
sword_depositor: 699
creators_name: Marin Duran, Gracia
title: Carbon Border Adjustments: Ensuring Compatibility with the International Climate and Trade Regimes
ispublished: pub
divisions: C02
divisions: B03
divisions: UCL
keywords: Carbon border adjustments, Climate fairness, Differentiated Responsibilities/Capabilities, Discrimination, WTO law, EU environmental footprint
note: This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
abstract: 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.
date: 2022-09-26
date_type: published
publisher: UCL, Faculty of Laws
official_url: https://dx.doi.org/10.2139/ssrn.4229220
oa_status: green
full_text_type: pub
language: eng
primo: open
primo_central: open_green
verified: verified_manual
elements_id: 1980925
lyricists_name: Marin Duran, Gracia
lyricists_id: GMARI98
actors_name: Marin Duran, Gracia
actors_id: GMARI98
actors_role: owner
full_text_status: public
number: 16/2022
place_of_pub: London, UK
pages: 25
citation:        Marin Duran, Gracia;      (2022)    Carbon Border Adjustments: Ensuring Compatibility with the International Climate and Trade Regimes.                    UCL, Faculty of Laws: London, UK.       Green open access   
 
document_url: https://discovery.ucl.ac.uk/id/eprint/10156831/1/CBAM%20-%20UCL%20Laws%20SSRN.pdf