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The legal interface between carbon border measures and trade rules


  • Ludivine Tamiotti


The development of climate policies has gained pace over the past two decades, and their scope and complexity have increased. It is therefore essential to better understand their key features in order to draw a clearer picture of their overall effect and potential impact on trade. WTO rules and case law that relate generally to environmental issues as well as other key disciplines are relevant to the examination of climate border measures: several core principles of the GATT, including the disciplines on tariffs, the general non-discrimination principle, and the general exceptions, as well as WTO disciplines on subsidies. WTO rules are explored for their relevance to climate-related border measures. For a possible justification of a trade restrictive measure, such as a border carbon adjustment, certain criteria need to be fulfilled with a view to avoiding an undue situation of green protectionism.

Suggested Citation

  • Ludivine Tamiotti, 2011. "The legal interface between carbon border measures and trade rules," Climate Policy, Taylor & Francis Journals, vol. 11(5), pages 1202-1211, September.
  • Handle: RePEc:taf:tcpoxx:v:11:y:2011:i:5:p:1202-1211
    DOI: 10.1080/14693062.2011.592672

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    Cited by:

    1. Böhringer, Christoph & Rosendahl, Knut Einar & Briseid Storrøsten, Halvor, 2015. "Smart hedging against carbon leakage," Working Paper Series 14-2015, Norwegian University of Life Sciences, School of Economics and Business.
    2. repec:eee:pubeco:v:149:y:2017:i:c:p:35-46 is not listed on IDEAS
    3. Kaushal, Kevin Raj, 2018. "Emission price, output-based allocation and consumption tax: Optimal climate policy in the presence of another country’s climate policy," Working Paper Series 8-2018, Norwegian University of Life Sciences, School of Economics and Business.
    4. Liu, Liwei & Chen, Chuxiang & Zhao, Yufei & Zhao, Erdong, 2015. "China׳s carbon-emissions trading: Overview, challenges and future," Renewable and Sustainable Energy Reviews, Elsevier, vol. 49(C), pages 254-266.
    5. repec:wsi:apjorx:v:34:y:2017:i:01:n:s0217595917400048 is not listed on IDEAS
    6. Sheldon, Ian & McCorriston, Steve, 2014. "Climate Policy and Border Measures: The Case of the US Aluminum Industry," 2014 Annual Meeting, July 27-29, 2014, Minneapolis, Minnesota 169544, Agricultural and Applied Economics Association.
    7. Christoph Böhringer & Knut Einar Rosendahl & Halvor Briseid Storrøsten, 2015. "Mitigating carbon leakage: Combining output-based rebating with a consumption tax," ZenTra Working Papers in Transnational Studies 54 / 2015, ZenTra - Center for Transnational Studies.

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