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A Legal Analysis of the EU’s Carbon Border Adjustment Mechanism and Its Effect on Africa: A Case Study of South Africa

In: The Palgrave Handbook of Carbon Trading in Africa

Author

Listed:
  • Jaqueline Pinto

    (Centre for Climate Change, Energy and Environmental Law (CCEEL) at UEF Law School within the framework of the Project 101073195, ‘Training for a Hydrogen Economy based Renewable Energy Society in Anthropocene’ (THERESA), funded by the Marie Skłodowska-Curie Actions programme, HORIZON-MSCA-2021-DN-01)

Abstract

In an attempt to address the growing concerns regarding climate change, the European Union adopted the Carbon Border Adjustment Mechanism (CBAM), a carbon border tax. This chapter focuses on how this extraterritorial mechanism affects the continent of Africa. Using South Africa as a case study, this chapter examines how the CBAM challenges core climate justice principles. This chapter provides an overview of the CBAM and its compliance with international obligations, providing a legal lens for a critical analysis of the CBAM and its effects on Africa. It finds that the CBAM may be contrary to the common but differentiated responsibilities and respective capabilities principle, and suggestions are provided to bring the CBAM in line therewith. As it stands, it remains a reality that African countries will need to deal with the CBAM. Accordingly, recommendations are provided to assist African countries when engaging with the CBAM.

Suggested Citation

  • Jaqueline Pinto, 2026. "A Legal Analysis of the EU’s Carbon Border Adjustment Mechanism and Its Effect on Africa: A Case Study of South Africa," Springer Books, in: Obindah Gershon & Ayodele Asekomeh & Smith I. Azubuike (ed.), The Palgrave Handbook of Carbon Trading in Africa, pages 313-337, Springer.
    • Handle: RePEc:spr:sprchp:978-3-032-00934-0_15
    DOI: 10.1007/978-3-032-00934-0_15
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