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National Treatment and the optimal regulation of environmental externalities

Author

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  • Sumeet Gulati
  • Devesh Roy

Abstract

We analyze the role of National Treatment in the regulation of environmental product standards for an open economy. A social planner uses product standards to control emissions from the consumption of a traded good. We show that whether National Treatment of standards interferes with welfare-maximizing policy depends on the instruments available to the policy maker (consumption or emissions tax) and differences in the cost of complying with the standard. We also highlight the asymmetric incidence of the domestic and import product standard when taxes are suboptimal. This asymmetric incidence can also cause welfare-maximizing policy to violate National Treatment.

Suggested Citation

  • Sumeet Gulati & Devesh Roy, 2008. "National Treatment and the optimal regulation of environmental externalities," Canadian Journal of Economics, Canadian Economics Association, vol. 41(4), pages 1445-1471, November.
    • Handle: RePEc:cje:issued:v:41:y:2008:i:4:p:1445-1471
    DOI: 10.1111/j.1540-5982.2008.00511.x
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    Cited by:

    1. Horn, Henrik, 2009. "The Burden of Proof in National Treatment Disputes and the Environment," Working Paper Series 791, Research Institute of Industrial Economics.
    2. Horn, Henrik, 2011. "The burden of proof in trade disputes and the environment," Journal of Environmental Economics and Management, Elsevier, vol. 62(1), pages 15-29, July.
    3. Llop Maria, 2023. "Environmental Taxation and International Trade in a Tax-Distorted Economy," Economics - The Open-Access, Open-Assessment Journal, De Gruyter, vol. 17(1), pages 1-12, January.
    4. Akihiko Yanase & Hiroshi Kurata, 2022. "Domestic product standards, harmonization, and free trade agreements," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 158(3), pages 855-885, August.
    5. Nikos Tsakiris & Panos Hatzipanayotou & Michael S. Michael, 2019. "Border tax adjustments and tariff‐tax reforms with consumption pollution," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 21(6), pages 1107-1125, December.
    6. Doi, Naoshi & Ohashi, Hiroshi, 2017. "Empirical analysis of the national treatment obligation under the WTO: The case of Japanese shochu," Journal of the Japanese and International Economies, Elsevier, vol. 46(C), pages 43-52.
    7. Cosimo Beverelli & Mauro Boffa & Alexander Keck, 2019. "Trade policy substitution: theory and evidence," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 155(4), pages 755-783, November.
    8. Ferrara, Ida & Missios, Paul & Yildiz, Halis Murat, 2019. "Product quality, consumption externalities, and the role of National Treatment," European Economic Review, Elsevier, vol. 117(C), pages 1-35.
    9. Kim, Seung-Leul & Lee, Sang-Ho, 2021. "Optimal tariffs with emissions taxes under non-restrictive two-part licensing strategies by a foreign eco-competitor," MPRA Paper 108496, University Library of Munich, Germany.
    10. Robert W. Staiger & Alan O. Sykes, 2011. "International Trade, National Treatment, and Domestic Regulation," The Journal of Legal Studies, University of Chicago Press, vol. 40(1), pages 149-203.
    11. Difei Geng, 2024. "Tariffs, product standards, and national treatment at the WTO," Economic Inquiry, Western Economic Association International, vol. 62(3), pages 1105-1133, July.
    12. Michael S. Michael & Panos Hatzipanayotou & Nikos Tsakiris, 2025. "Can Small Economies Act Strategically? The Case of Consumption Pollution and Non‐Tradable Goods," Review of International Economics, Wiley Blackwell, vol. 33(5), pages 1164-1177, November.
    13. Chi-Chur Chao & Jean-Pierre Laffargue & Pasquale M. Sgro, 2012. "Tariff and environmental policies with product standards," Canadian Journal of Economics, Canadian Economics Association, vol. 45(3), pages 978-995, August.
    14. Yang, Deli & Sonmez, Mahmut (Maho), 2018. "Global norm of national treatment for patent uncertainties: A longitudinal comparison between the US and China," Journal of World Business, Elsevier, vol. 53(2), pages 164-176.
    15. Beverelli, Cosimo & Boffa, Mauro & Keck, Alexander, 2014. "Trade policy substitution: Theory and evidence from Specific Trade Concerns," WTO Staff Working Papers ERSD-2014-18, World Trade Organization (WTO), Economic Research and Statistics Division.
    16. Ida Ferrara & Paul Missios & Halis Murat Yildiz, 2015. "Pollution havens, endogenous environmental policy, and foreign direct investment," Southern Economic Journal, John Wiley & Sons, vol. 82(1), pages 257-284, July.
    17. Paul Missios & Ida Ferrara & Halis Murat Yildiz, 2015. "Consumption Externalities, Product Quality, and the Role of National Treatment," Working Papers 048, Toronto Metropolitan University, Department of Economics.
    18. Fabio Antoniou & Panos Hatzipanayotou & Michael S. Michael & Nikos Tsakiris, 2016. "On the Efficiency of Destination and Origin Commodity Taxation in the Presence of Consumption Generated Cross-Border Pollution," CESifo Working Paper Series 6221, CESifo.
    19. Staiger, Robert W., 2012. "Non-tariff measures and the WTO," WTO Staff Working Papers ERSD-2012-01, World Trade Organization (WTO), Economic Research and Statistics Division.
    20. Yuan Mei, 2024. "Regulatory Protection And The Role Of International Cooperation," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 65(2), pages 817-850, May.
    21. Robert W. Staiger & Alan O. Sykes, 2009. "International Trade and Domestic Regulation," NBER Working Papers 15541, National Bureau of Economic Research, Inc.

    More about this item

    JEL classification:

    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
    • F18 - International Economics - - Trade - - - Trade and Environment
    • F42 - International Economics - - Macroeconomic Aspects of International Trade and Finance - - - International Policy Coordination and Transmission
    • H21 - Public Economics - - Taxation, Subsidies, and Revenue - - - Efficiency; Optimal Taxation
    • H23 - Public Economics - - Taxation, Subsidies, and Revenue - - - Externalities; Redistributive Effects; Environmental Taxes and Subsidies
    • H41 - Public Economics - - Publicly Provided Goods - - - Public Goods

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