Climate Change and Trade: At the Intersection of Two International Legal Regimes

Erkki J. Hollo, Kati Kulovesi & Michael Mehling (eds.), Climate Change and The Law (Forthcoming)

University of Eastern Finland Legal Studies Research Paper No. 6

31 Pages Posted: 10 Oct 2012

See all articles by Kati Kulovesi

Kati Kulovesi

University of Eastern Finland - Law Department

Date Written: October 9, 2012

Abstract

This paper examines substantive and institutional linkages between the United Nations Framework Convention on Climate Change and the World Trade Organization. It focuses on identifying potentially sensitive areas in their relationship, including sustainability requirements targeting processes and production methods, as well as measures targeting carbon leakage and competitiveness concerns. It also discusses institutional and doctrinal challenges related to fragmentation of international law and highlights problems that could arise if a climate change related dispute was considered by the WTO dispute settlement system. The paper concludes that the trade and climate regimes are increasingly relevant for each other and that they are not necessarily rivals - both could benefit from identifying and promoting unexploited synergies between the two regimes. However, closer cooperation and institutional coordination may be needed in the future in order to avoid mutually unhelpful institutional and legal clashes.

Suggested Citation

Kulovesi, Kati, Climate Change and Trade: At the Intersection of Two International Legal Regimes (October 9, 2012). Erkki J. Hollo, Kati Kulovesi & Michael Mehling (eds.), Climate Change and The Law (Forthcoming); University of Eastern Finland Legal Studies Research Paper No. 6. Available at SSRN: https://ssrn.com/abstract=2159194

Kati Kulovesi (Contact Author)

University of Eastern Finland - Law Department ( email )

PO Box 111
Joensuu, 80100
Finland

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