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Climate Change, Trade, and Investment Law: What Difference Would a Real Responsibility to Protect Make?

In: Emerging Issues in Sustainable Development

Author

Listed:
  • Krista Nadakavukaren Schefer

    (University of Basel)

Abstract

While scholars and most international policymakers agree that steps should be taken to counter rising temperatures, fierce disagreement remains among states on the precise measures to be taken to achieve this goal and some governments worry about remaining in compliance with their already existing international treaty obligations. Although the literature on technical compatibility of WTO rules and investment treaty provisions with measures to foster low-carbon economies has established that there is room in the international economic law system for taking climate protecting measures, all too often, governments lack the political will to act. This chapter takes up the question of whether a state must take any measures to prevent climate change or to respond to its threats, and if so what this positive duty of prevention and response means for IEL regimes.

Suggested Citation

  • Krista Nadakavukaren Schefer, 2016. "Climate Change, Trade, and Investment Law: What Difference Would a Real Responsibility to Protect Make?," Economics, Law, and Institutions in Asia Pacific, in: Mitsuo Matsushita & Thomas J. Schoenbaum (ed.), Emerging Issues in Sustainable Development, chapter 0, pages 383-397, Springer.
    • Handle: RePEc:spr:eclchp:978-4-431-56426-3_20
    DOI: 10.1007/978-4-431-56426-3_20
    as

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