International Trade and Investment Law and Carbon Management Technologies

30 Pages Posted: 5 Nov 2012

See all articles by Nigel Bankes

Nigel Bankes

University of Calgary - Faculty of Law; University of Tromso - Faculty of Law

Anatole Boute

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Steve Charnovitz

George Washington University - Law School

Shi-Ling Hsu

Florida State University - College of Law

Sarah McCalla

University of British Columbia (UBC), Faculty of Law

Nicholas Rivers

University of Ottawa - Graduate School of Public and International Affairs

Liz Whitsitt

University of Calgary - Faculty of Law

Date Written: November 3, 2012

Abstract

Reducing emissions of greenhouse gases will require the development of carbon management technologies that are not currently available or that are not currently cost-effective. While market mechanisms such as carbon pricing must play a central role in stimulating the development of these technologies, governmental policy aimed at fostering carbon management technologies and lowering their costs must also play a part. Both types of policies will form part of an optimal greenhouse gas control portfolio.

This article develops a framework of international trade and investment law insofar as they may affect carbon management technologies. While it is commonly perceived that international trade law and investment law usually constrains the development of environmental policy, the flipside is often ignored. In addition to discussing how carbon management policy might be constrained, this article also identifies opportunities within the framework of international trade and investment law in which carbon management technologies might be advanced or supported.

Keywords: carbon capture, international trade, international investment, carbon management, climate change

Suggested Citation

Bankes, Nigel and Boute, Anatole and Charnovitz, Steve and Hsu, Shi-Ling and McCalla, Sarah and Rivers, Nicholas and Whitsitt, Liz, International Trade and Investment Law and Carbon Management Technologies (November 3, 2012). FSU College of Law, Public Law Research Paper No. 618. Available at SSRN: https://ssrn.com/abstract=2171054 or http://dx.doi.org/10.2139/ssrn.2171054

Nigel Bankes

University of Calgary - Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada

University of Tromso - Faculty of Law ( email )

Tromsø, 9037
Norway

Anatole Boute

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F Lee Shau Kee Building
Shatin New Territories
Kowloon, Sha Tin
Hong Kong

Steve Charnovitz

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Shi-Ling Hsu (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States

HOME PAGE: http://myweb.fsu.edu/shsu/

Sarah McCalla

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Nicholas Rivers

University of Ottawa - Graduate School of Public and International Affairs ( email )

75 Laurier Avenue East
Ottawa, Ontario K1N 6N5
Canada

Liz Whitsitt

University of Calgary - Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada

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