The Spectre of Carbon Border-Adjustment Measures

Posted: 4 Mar 2011 Last revised: 25 May 2014

See all articles by Navraj Singh Ghaleigh

Navraj Singh Ghaleigh

University of Edinburgh - School of Law

David Rossati

Vrije Universiteit Amsterdam

Date Written: March 4, 2011

Abstract

Carbon border adjustments raise fears amongst both the community of climate/international environmental lawyers and trade lawyers. To the latter they risk taking the form of unjustifiable barriers to trade and may sit uneasily with the body of WTO law concerning trade and the environment. To the former constituency such measures are yet more difficult, both buttressing emission reduction policies and measures that are vulnerable to carbon leakage whilst raising issues for fundamental principles such as CBDR and sustainable development. This paper addresses these concerns in the context of US and EU measures, considering them in the light of WTO case law and in particular the Brazil-Tyres dispute. The US measures, contained principally in the Waxman-Markey Bill, are of interest despite their demise for the parallels that they share with the steps taken by the EU in its Climate Change Package.

Keywords: Climate Change, Trade Law, WTO Law, Border Tax Adjustments, Carbon Tax Adjustments, Waxman-Markey, EU Climate Change Package

Suggested Citation

Ghaleigh, Navraj Singh and Rossati, David, The Spectre of Carbon Border-Adjustment Measures (March 4, 2011). University of Edinburgh School of Law Working Paper No. 2011/08, Climate Law, Vol. 2, No. 1, 2011, Available at SSRN: https://ssrn.com/abstract=1777122

Navraj Singh Ghaleigh (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

David Rossati

Vrije Universiteit Amsterdam ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

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