2004
DOI: 10.1111/j.1467-9701.2004.00603.x
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Domestic Climate Policies and the WTO

Abstract: The Kyoto Protocol gives Annex 1 countries considerable flexibility in the choice of domestic policies to meet their emissions commitments. Possible climate policies include carbon/energy taxes, subsidies, energy efficiency standards, eco‐labels, and government procurement policies. In order to meet their targets with minimum adverse effects on their economies, Annex 1 governments with differentiated legal and political systems are highly likely to pursue these policies that may have the potential to bring the… Show more

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Cited by 43 publications
(11 citation statements)
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“…The General Agreement on Tariffs and Trade (GATT) was established in a world without climate change on the international agenda, so its rules were not drafted to address climate policies, making the interpretation of legal texts particularly difficult. Past WTO cases, such as the Superfund, Tuna-Dolphin, and Shrimp-Turtle reveal some information, but many features of BCA are unprecedented and WTO panels are not bound by previous decisions 124 (no rule of stare decisis). Hence, assessing the WTO consistency of BCA according to its specific features divides legal experts and has led to extensive literature on the subject 7,97,113,[125][126][127][128][129][130][131][132][133][134] .…”
Section: Bca and The Wtomentioning
confidence: 99%
“…The General Agreement on Tariffs and Trade (GATT) was established in a world without climate change on the international agenda, so its rules were not drafted to address climate policies, making the interpretation of legal texts particularly difficult. Past WTO cases, such as the Superfund, Tuna-Dolphin, and Shrimp-Turtle reveal some information, but many features of BCA are unprecedented and WTO panels are not bound by previous decisions 124 (no rule of stare decisis). Hence, assessing the WTO consistency of BCA according to its specific features divides legal experts and has led to extensive literature on the subject 7,97,113,[125][126][127][128][129][130][131][132][133][134] .…”
Section: Bca and The Wtomentioning
confidence: 99%
“…By definition, a subsidy lowers the cost of production, increases the price received by producers or lowers the price paid by consumers. By lowering the prices of fossil fuels, such fossil fuel subsidies not only are widely considered to distort international trade, but also increase the amount of such fuels consumed and thus the amount of harmful emissions (Zhang and Assunção, 2004). China, Indonesia and Malaysia are among the developing Asian countries that have since 2005 raised domestic energy prices to bring them more into line with international prices.…”
Section: Economic Policies and Engagement Of The Private Sectormentioning
confidence: 99%
“…For example, trade rules may interact with the market-based mechanisms that are provided for by the international climate regime, such as international emissions trading (Werksman 1999;Zhang 1999;Jinnah 2003) or the CDM (Wiser 1999). They may also interact with domestic policies and measures that stem only indirectly from the climate regime (Zhang and Assunção 2004;Green 2005), such as domestic fiscal measures geared toward mitigation of climate change (Goh 2004).…”
Section: A Linkages Between Climate Change and Tradementioning
confidence: 99%