Legal Consideration for the Harmonic Coexistence of International Climate Change Regime and the International Trade Law Regime : Focused on the Free Allocation of Emission Allowances and the WTO Subsidies Agreement

2020 ◽  
Vol 27 (2) ◽  
pp. 67-114
Author(s):  
Dong-eun LEE
2019 ◽  
Vol 113 (3) ◽  
pp. 433-481 ◽  
Author(s):  
Michael A. Mehling ◽  
Harro van Asselt ◽  
Kasturi Das ◽  
Susanne Droege ◽  
Cleo Verkuijl

AbstractThe Paris Agreement advances a heterogeneous approach to international climate cooperation. Such an approach may be undermined by carbon leakage—the displacement of emissions from states with more to less stringent climate policy constraints. Border carbon adjustments offer a promising response to leakage, but they also raise concerns about their compatibility with international trade law. This Article provides a comprehensive analysis of border carbon adjustments and proposes a way to design them that balances legal, administrative, and environmental considerations.


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