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Research Handbook on Climate Change and Trade Law
The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.
More Information
Critical Acclaim
Contributors
Contents
More Information
The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between climate change and trade rules. Regional as well as international perspectives are taken into account to inform the complex questions that arise and redirect research efforts towards newly emerging issues
The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in ‘green’ goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment.
This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law.
The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in ‘green’ goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment.
This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law.
Critical Acclaim
‘This is a fascinating volume in which the complicated relationship between climate change, trade and investment law is analyzed by leading scholars in this domain in an exhaustive manner. A must for anyone interested in the broad relationship between climate change and trade law.’
– Michael Faure, Maastricht University and Erasmus School of Law, the Netherlands and Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium
‘This volume provides a comprehensive and up-to-date analysis of the interactions between public international law, trade law, and climate change law. Delimatsis has assembled an amazing collection of essays by leading scholars in Europe, North America, and Asia on key issues such as carbon taxes, border tax adjustments, climate standards and the market, climate services, investment, human rights, energy policy, and the role of climate in regional trade agreements. This Handbook deserves a place the desk of every climate policymaker.’
– Steve Charnovitz, George Washington University, US
‘In the wake of the adoption of the 2015 Sustainable Development Goals and the Paris Climate Change Agreement, the world is getting serious about sustainability. Nowhere do the challenges of charting a sustainable future come into sharper focus than at the intersection of trade law and climate change, which makes Panagiotis Delimatsis''s Research Handbook on Climate Change and Trade Law critical reading for practitioners and scholars alike.’
– Dan Esty, Yale University, US
‘This book has a well-deserved and happy place in the knapsacks of budding Environmental lawyers and academics, but more importantly perhaps, the shelves of corporations un-der pressure to comply with improving global standards.’
– Legal Issues Journal
''This edited volume collects excellent contributions to the constantly growing literature on trade and climate change. It provides a wealth of information on the interaction between international trade and climate change regimes. Even though vast literature exists on the subject, this book makes for interesting reading as it presents many additional aspects and new arguments.''
– World Trade Review
– Michael Faure, Maastricht University and Erasmus School of Law, the Netherlands and Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium
‘This volume provides a comprehensive and up-to-date analysis of the interactions between public international law, trade law, and climate change law. Delimatsis has assembled an amazing collection of essays by leading scholars in Europe, North America, and Asia on key issues such as carbon taxes, border tax adjustments, climate standards and the market, climate services, investment, human rights, energy policy, and the role of climate in regional trade agreements. This Handbook deserves a place the desk of every climate policymaker.’
– Steve Charnovitz, George Washington University, US
‘In the wake of the adoption of the 2015 Sustainable Development Goals and the Paris Climate Change Agreement, the world is getting serious about sustainability. Nowhere do the challenges of charting a sustainable future come into sharper focus than at the intersection of trade law and climate change, which makes Panagiotis Delimatsis''s Research Handbook on Climate Change and Trade Law critical reading for practitioners and scholars alike.’
– Dan Esty, Yale University, US
‘This book has a well-deserved and happy place in the knapsacks of budding Environmental lawyers and academics, but more importantly perhaps, the shelves of corporations un-der pressure to comply with improving global standards.’
– Legal Issues Journal
''This edited volume collects excellent contributions to the constantly growing literature on trade and climate change. It provides a wealth of information on the interaction between international trade and climate change regimes. Even though vast literature exists on the subject, this book makes for interesting reading as it presents many additional aspects and new arguments.''
– World Trade Review
Contributors
Contributors: M. Alder, P. Arnaiz, S. Z. Bigdeli, J. Chaisse, T. Cottier, P. Delimatsis, A. Dimopoulos, F. Fleurke, A. Gourgourinis, A.H. Lim, J. A. McMahon, S. Melnyk, J. Munro, K. Nadakavukaren Schefer, R. A. Partain, T. Payosova, V. Pogoretskyy, D. Ramos, E. Reid, M. Rimmer, L. Tamiotti, J.P. Trachtman, J. A. vanDuzer, E. Vranes, M. Wu, M. A. Young, R. Zhang
Contents
Contents:
Introduction: Climate change and trade law—challenges for governance and coordination
Panagiotis Delimatsis
PART I CLIMATE CHANGE AND THE ROLE OF THE WTO: THEORETICAL UNDERPINNINGS
1. Common Concern and the Legitimacy of the WTO in Dealing with Climate Change
Thomas Cottier and Tetyana Payosova
2. Common but Differentiated Responsibilities in Transnational Climate Change Governance and the WTO: A Tale of Two ‘Interconnected Worlds’ or a Tale of Two ‘Crossing Swords’?
Anastasios Gourgourinis
3. Duty to Protect, Climate Change and Trade
Krista Nadakavukaren Schefer and Pablo Arnaiz
PART II CLIMATE CHANGE AND THE WORLD TRADE ORGANIZATION: TOPICAL ISSUES
4. Carbon Taxes, PPMs and the GATT
Erich Vranes
5. WTO Law Constraints on Carbon Credit Mechanisms and Export Border Tax Adjustments
Joel P. Trachtman
6. Feed-in Tariffs and the WTO Regulation of Subsidies – A Moment of Progressive Adjudication in Canada – Renewable Energy
Sadeq Z. Bigdeli
7. Sustainable Standard-Setting, Climate Change and the TBT Agreement
Panagiotis Delimatsis
8. Climate Change and Services Trade: What Role for the GATS?
Michaël Alder, Aik Hoe Lim, and Ruosi Zhang
9. Trade Wars in the TRIPS Council: Intellectual Property, Technology Transfer, and Climate Change
Matthew Rimmer
PART III CLIMATE CHANGE AND TRADE IN PERSPECTIVE: CURRENT CHALLENGES
10. Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security?
Vitaliy Pogoretskyy and Sergii Melnyk
11. Food Security and Agricultural Trade: An Early Warning for Climate Change!
Joseph A. McMahon
12. The WTO Environmental Goods Agreement: From Multilateralism to Plurilateralism
Mark Wu
13. Climate Change, Green Paradox Models and International Trade Rules
Roy Andrew Partain
PART IV CLIMATE CHANGE AND TRADE: GLOBAL AND REGIONAL PERSPECTIVES
14. Trade Measures to Address Climate Change: Territory and Extraterritoriality
Margaret A. Young
15. EU Climate Law and the WTO
Emily Reid
16. EU Climate Law and Human Rights: New Prospects for Judicial Environmental Activism?
Floor Fleurke
17. Climate Change in the TPP and the TTIP
James Munro
PART V CLIMATE CHANGE, TRADE AND INVESTMENT
18. Climate Change and Investor-State Dispute Settlement: Identifying the Linkages
Angelos Dimopoulos
19. The Complex Relationship between International Investment Law and Climate Change Initiatives: Exploring the Tension
J. Anthony VanDuzer
20. Rules and Disputes on Foreign Investment in Renewable Energies – Exploring the Nexus of Trade and Investment Treaties
Julien Chaisse
Conclusion
21. Climate change mitigation and the WTO framework
Ludivine Tamiotti and Daniel Ramos
Index
Introduction: Climate change and trade law—challenges for governance and coordination
Panagiotis Delimatsis
PART I CLIMATE CHANGE AND THE ROLE OF THE WTO: THEORETICAL UNDERPINNINGS
1. Common Concern and the Legitimacy of the WTO in Dealing with Climate Change
Thomas Cottier and Tetyana Payosova
2. Common but Differentiated Responsibilities in Transnational Climate Change Governance and the WTO: A Tale of Two ‘Interconnected Worlds’ or a Tale of Two ‘Crossing Swords’?
Anastasios Gourgourinis
3. Duty to Protect, Climate Change and Trade
Krista Nadakavukaren Schefer and Pablo Arnaiz
PART II CLIMATE CHANGE AND THE WORLD TRADE ORGANIZATION: TOPICAL ISSUES
4. Carbon Taxes, PPMs and the GATT
Erich Vranes
5. WTO Law Constraints on Carbon Credit Mechanisms and Export Border Tax Adjustments
Joel P. Trachtman
6. Feed-in Tariffs and the WTO Regulation of Subsidies – A Moment of Progressive Adjudication in Canada – Renewable Energy
Sadeq Z. Bigdeli
7. Sustainable Standard-Setting, Climate Change and the TBT Agreement
Panagiotis Delimatsis
8. Climate Change and Services Trade: What Role for the GATS?
Michaël Alder, Aik Hoe Lim, and Ruosi Zhang
9. Trade Wars in the TRIPS Council: Intellectual Property, Technology Transfer, and Climate Change
Matthew Rimmer
PART III CLIMATE CHANGE AND TRADE IN PERSPECTIVE: CURRENT CHALLENGES
10. Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security?
Vitaliy Pogoretskyy and Sergii Melnyk
11. Food Security and Agricultural Trade: An Early Warning for Climate Change!
Joseph A. McMahon
12. The WTO Environmental Goods Agreement: From Multilateralism to Plurilateralism
Mark Wu
13. Climate Change, Green Paradox Models and International Trade Rules
Roy Andrew Partain
PART IV CLIMATE CHANGE AND TRADE: GLOBAL AND REGIONAL PERSPECTIVES
14. Trade Measures to Address Climate Change: Territory and Extraterritoriality
Margaret A. Young
15. EU Climate Law and the WTO
Emily Reid
16. EU Climate Law and Human Rights: New Prospects for Judicial Environmental Activism?
Floor Fleurke
17. Climate Change in the TPP and the TTIP
James Munro
PART V CLIMATE CHANGE, TRADE AND INVESTMENT
18. Climate Change and Investor-State Dispute Settlement: Identifying the Linkages
Angelos Dimopoulos
19. The Complex Relationship between International Investment Law and Climate Change Initiatives: Exploring the Tension
J. Anthony VanDuzer
20. Rules and Disputes on Foreign Investment in Renewable Energies – Exploring the Nexus of Trade and Investment Treaties
Julien Chaisse
Conclusion
21. Climate change mitigation and the WTO framework
Ludivine Tamiotti and Daniel Ramos
Index
