Reviewing Carbon Changes and Free Allowances Under Environmental Law

19 Pages Posted: 9 Dec 2012

See all articles by Steve Charnovitz

Steve Charnovitz

George Washington University - Law School

Date Written: 2010

Abstract

This article analyzes the American Clean Energy and Security Act under international environmental law and standards. The Act requires that importers pay a fee if certain requirements regarding the country and sector are satisfied. The article presents general difficulties with enforcing international environmental law, namely, the absence of a unitary government. Next, the article describes the following sources of international law: custom, treaties, soft law, and non-binding declarations. I conclude that the carbon tariffs from the American Clean Energy and Security Act are inconsistent with both hard and soft international environmental law.

Keywords: Environmental law, protectionism, soft law, China, legislation, polluter-pays

JEL Classification: F13, K32, K33

Suggested Citation

Charnovitz, Steve, Reviewing Carbon Changes and Free Allowances Under Environmental Law (2010). ILSA Journal of International & Comparative Law, Vol. 16, No. 2, 2010, GWU Legal Studies Research Paper No. 2012-139, GWU Law School Public Law Research Paper No. 2012-139, Available at SSRN: https://ssrn.com/abstract=2186619

Steve Charnovitz (Contact Author)

George Washington University - Law School ( email )

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
43
Abstract Views
603
PlumX Metrics