2023
DOI: 10.1017/s0020589322000501
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Securing Compatibility of Carbon Border Adjustments With the Multilateral Climate and Trade Regimes

Abstract: The European Union (EU) is contemplating the adoption of a carbon border adjustment mechanism (CBAM), which would extend its domestic carbon price to emissions that are produced outside its borders but are embodied into its imports of carbon-intensive commodities. In doing so, the EU is testing the boundaries of permissible unilateral action at the interface of international climate and trade law. However, the question of whether the proposed CBAM is compatible with these two multilateral legal regimes is yet … Show more

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Cited by 15 publications
(7 citation statements)
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“…At the national level, the 27 EU member states and the EU-ETS countries (regions) other than the EU member states (Liechtenstein, Norway, Switzerland) are divided into two groups due to the fact that they are classified as exempted countries (regions) by the EU CBAM [38]. Developing countries dominated by carbon-intensive product exports and countries (regions) with high energy consumption are more vulnerable to the impact of the EU CBAM and are treated as separate groups.…”
Section: Data Source and Processingmentioning
confidence: 99%
“…At the national level, the 27 EU member states and the EU-ETS countries (regions) other than the EU member states (Liechtenstein, Norway, Switzerland) are divided into two groups due to the fact that they are classified as exempted countries (regions) by the EU CBAM [38]. Developing countries dominated by carbon-intensive product exports and countries (regions) with high energy consumption are more vulnerable to the impact of the EU CBAM and are treated as separate groups.…”
Section: Data Source and Processingmentioning
confidence: 99%
“…In case the exemption exclusively to the GHG emissions released on voyages from/to the port of a developing country, additional avoidance strategies could become available, such as changing the order of port of calls to reach an exempted port before calling at a non-exempted one. 115 Research on the EU ETS suggests that such avoidance strategies could become profitable even at moderate carbon price levels of about €25-30 per tonne of carbon. 116 This research suggests that the risk of avoidance strategies cannot be discounted even if the exemption is partial.…”
Section: Exemptions From the Imo Ghg Pricing Instruments And Wto Lawmentioning
confidence: 99%
“…It also partly responds to EU industry competitiveness concerns about ensuring that EU industries are not unfairly penalized under the ETS. Concerns have been raised, however, over CBAM's compatibility with international law, including the Paris Agreement and the principle of common but differentiated responsibilities (Marín Durán, 2023).…”
Section: Egd: Breaking With Previous Patterns?mentioning
confidence: 99%