Climate Clubs for a Sustainable Future

Name: Climate Clubs for a Sustainable Future | The Role of International Trade and Investment Law
Brand: Wolters Kluwer
Price: 132.99 EUR
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The Role of International Trade and Investment Law

Rafael Leal-Arcas(Autor*in)

Wolters Kluwer (Verlag)

Erschienen am 23. August 2021

352 Seiten

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978-94-035-3720-7 (ISBN)

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Beschreibung

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Inhalt

Intro
Half-Title Page
Title Page
Copyright Page
About the Author
Table of Contents
Acknowledgments
Introduction
I Conceptualizing Climate Clubs in the Context of International Trade
II Analytical Framework
III Structure of This Book
Chapter 1 Climate Clubs: Key Conceptual and Typological Considerations
I Introduction
II Climate Clubs: Minilateralist Paths to Climate Mitigation
1 Climate Club Minilateralism
2 Climate Club Formation
3 Climate Clubs and the UNFCCC (Minilateralism Vis-à-Vis Multilateralism)
4 Legitimacy and Accountability
III Concluding Remarks
Chapter 2 Climate Clubs and International Trade
I Introduction
II Aiming High: Looking for Solutions
1 Net-Zero Carbon Emissions by 2050 as the Landing Target
2 How to Get There?
2.1 Transition to Cleaner Energy
2.2 Communication
2.3 Putting a Price on Carbon
2.4 Policy Choices and Eco-Labelling
2.5 Blue Economy
2.6 Fashion, Shipping, and Aviation
2.7 Forests
III Ending Unsustainable Levels of Production and Consumption
1 Clean Economic Growth
2 Prosperity and Environmental Protection
IV Transforming Our Understanding of International Trade to Promote Sustainability
1 International Trade as an Enabler of Social Justice
2 Enforceability of Environmental Clauses and the Creation of a Climate Club Linked to the International Trade Regime
V What Should Be the Role of the Trading System in Reducing Fossil-Fuel Consumption?
1 Introduction
2 Mitigating Climate Change at the International Level
3 Cap-and-Trade System: A Viable Option for Reducing Fossil-Fuel Consumption?
4 Carbon Tax: The Superior Model for Carbon Pricing
5 The Importance of Border Tax Adjustments for Effective Carbon Pricing Mechanisms
VI Conclusion
Chapter 3 World Trade Organization and Carbon Market Clubs
I Introduction
II Emission Units as a Linkage in Climate Clubs
1 Climate Clubs
1.1 The Concept
1.2 Emission Units as a Linking Instrument
2 Emission Units as a Good
2.1 The Characterization of the Units
2.2 MFN Principle
2.2.1 Advantage
2.2.2 Advantage Accorded Immediately and Unconditionally
2.2.3 Like Products
2.2.3.1 The Product Characteristics
2.2.3.2 The End-Use
2.2.3.3 Consumer Preferences
2.2.3.4 Tariff Classification
2.2.3.5 Competitiveness and Substitutability
3 Emission Units as a Service
3.1 The Characterization of the Units
3.1.1 Environmental Services
3.1.2 Financial Services
3.2 MFN Principle
3.2.1 Like Services
3.2.1.1 The Service Characteristics
3.2.1.2 End-Use
3.2.1.3 Consumer Preferences
3.2.1.4 Modes of Supply
3.2.1.5 Competitiveness and Substitutability
3.2.2 Advantages Immediately and Unconditionally Provided and Treatment No Less Favorable
III Emission Units Trading and Regional Trade Agreements
1 Introduction
2 Emissions Trading under International Law: An Overview
3 The Relationship Between Emissions Trading Systems and International Emissions
3.1 Background
3.2 Linking Emissions Trading Schemes
3.3 Purpose of Linking Emissions Trading Schemes
4 A Club of Emissions Trading
4.1 The Concept
4.2 Are Emission Units Services or Goods?
4.3 Emissions Trading Measures in Line with WTO Rules
4.4 Border Carbon Adjustments in Line with WTO Law
5 WTO Rules Applicable to Environmental Policies and Measures
5.1 Scope and Coverage of the Rules on Environmental Issues
5.2 General Exceptions According to GATT Article XX
6 Regional Integration and Emissions Trading: The Case of RTAs in the WTO Framework
6.1 WTO Legal Framework
6.2 RTAs and Climate Clubs
IV GATT Article XX as a Potential Remedy for the Development of Climate Clubs
1 The Scope of GATT Article XX and Its Application to Climate Clubs
1.1 Material Scope: A Larger Umbrella of Exceptions
1.1.1 A Trade Measure Infringing GATT's Substantive Obligations
1.1.2 An Exhaustive List of Exceptions: Detailing Article XX(b) and (g)
1.1.3 Stretching the Definition of Article XX(b) and (g) to Include Climate-Related Trade Restrictions
1.1.3.1 The Integration of Climate Concerns in the Definition of Article XX(b) and (g)
1.1.3.2 The Specific Treatment of Emissions Tradable Permits
1.2 Geographical Scope: The Extraterritorial Application of Article XX to a Club of Carbon Markets
1.2.1 The Environmental Law Approach Backs up Climate-Clubs Initiatives
1.2.2 The Potential for a Cross-Border Approach to Climate-Change Mitigation under Article XX
2 Climate-Related Trade Measures Subject to the "Two-Tier Test" of Article XX
2.1 Providing a Degree of Connection Between Trade Measures and Climate Policy Objectives: Specific Objectives under Paragraphs B and G of Article XX
2.1.1 The Necessity Test of Article XX(b)
2.1.2 The "Relating to" Test under Article XX(g)
2.2 The "Chapeau" as Anti-abuse Check
2.2.1 Sanctioning an "Arbitrary or Unjustifiable Discrimination"
2.2.2 Restrictions on International Trade: A Critical Assessment of the Trade-Restrictive Effects of Climate Clubs
V Conclusion
Chapter 4 Free Trade Agreements and Bilateral Investment Treaties for a Sustainable Future
I Introduction
II Free Trade Agreements as the Enforcer of Climate Change Obligations?
1 Introduction
2 The Relationship Between Trade and the Environment
3 The Potential of Free Trade Agreements for Climate-Change Mitigation
4 Preferential Trade Agreements with Climate-Related Provisions: Substantive Content and Enforceability
5 The US and EU Approach to Environmental Provisions in Free Trade Agreements
5.1 The Evolving Practice of Environmental and Climate Change-Related Provisions in Free Trade Agreements Concluded by the US and the EU
5.2 Textual Analysis of Recent US and EU Trade Agreements
5.2.1 The Concept of Legalization
5.2.2 Textual Analysis
5.3 Conclusion and Way Forward
6 Lessons Learned from CETA and USMCA: How Can the TTIP Be an Improvement on 21st Century PTAs
6.1 CETA's Climate-Related Provisions and Level of Obligations
6.2 USMCA's Environment Provisions
6.3 TTIP: What Should the Agreement Include to Better Enforce Climate-Related Provisions
III How Can Bilateral Investment Treaties Contribute to Climate Action and Sustainable Energy?
1 Introduction
2 Are BITs Reconcilable with Environmental Protection Goals?
3 How Can BITs Contribute to Environmental Protection?
3.1 Imposition of Environmental Obligations in BITs
3.2 Freedom to Adopt Environmental Regulations and Exemptions from Substantive Protection Standards under BITs
3.3 Counterclaims for Breach of Environmental Regulations by Investors
4 Conclusion
IV How Can Current Efforts to Modernize the Energy Charter Treaty Contribute to the European Union's Approach of Linking Trade and Investment Policies with Climate Action?
1 The European Approach to Linking Trade and Investment to Climate Action
1.1 Introduction
1.2 Trade and Climate: The 15-Point Plan
1.3 Investment and Climate: The Approach to Investment Protection
2 The Energy Charter Treaty-Then and Now
2.1 Current Set-Up and Goal of the Energy Charter Treaty
2.2 ECT-Reform Suggestions Related to Clean Energy and Climate Action
2.3 Criticism
2.4 Reform Potential for Clean Energy and Climate Action
2.5 Evaluation and Outlook
V Final Conclusions
VI Annexes
Chapter 5 Three Case Studies: Generalized System of Preferences, the Arab World, and EU-Russia Energy Trade Relations
I The Generalized System of Preferences
1 Introduction
2 The European Union's Generalized System of Preferences
3 The Generalized System of Preferences of the United States
4 Comparing the American and European Approach
5 Pandemics, Anti-globalism, Parochialism, and the GSP
6 Conclusion
II Trading Energy in the Arab World
1 Introduction
2 Energy Trade Situation in the Arab World
2.1 Regional Electricity Trade
2.1.1 Initiatives Overview
2.1.2 Future Trends
2.2 Regional Gas Trade
2.2.1 Initiatives Overview: Liquefied Natural Gas in the Arab World
2.2.2 Suggestions for the Arab World
3 Conclusion
III EU-Russia Energy Trade
1 Introduction
2 EU Energy Consumption and Production, Current Trends and Challenges
2.1 EU Consumption
2.2 EU Production and International Trade Supply
2.3 Trends and Challenges in the EU External Relations in the Energy Sector
3 Competence Issues Regarding the EU Treaties
4 Participation in Treaty Regimes
5 Participation in the Energy Community
6 EU-Russia Trade Relations in the Energy Sector
7 Conclusion
Annex
Chapter 6 Linking International Trade, Climate Change, Investment and a Prosperous Future
I Introduction
II How Has Globalization Affected International Trade and Climate Change Impacts in the EU and Other Major Economies?
1 Introduction
2 Globalization
3 International Trade and the Climate
4 Other "Side" Effects
III What Role Have the EU and the WTO Played in Climate Change? What Role Should They Play?
1 Introduction
2 The Role of the EU and the WTO
3 Climate Clubs as a Possible Solution
IV A Climate Club to Enforce the Commitments of the Paris Agreement and Enhance Free Trade
1 Introduction
2 The Paris Agreement
3 A Climate Club
4 EU Policies
V EU Bilateral Investment Treaties in the Context of Sustainable Development
1 Introduction
2 Sustainable Development
3 Investment Relations Between the EU and Vietnam
4 Textual Analysis of the EU-Vietnam FTA
5 The Way Forward
VI How Can Citizens Play a Greater Role in Shaping Sustainable Trade?
1 Introduction
2 Defining Sustainable Trade
3 The Example of the Climate-Change and Energy Regimes
4 Citizen Empowerment and Sustainable Trade
VII Conclusion
Conclusion
Index
ENERGY AND ENVIRONMENTAL LAW & POLICY SERIES

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