Climate Change and International Trade

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Cory Watts
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1 Climate Change and International Trade Rafael Senior Lecturer in Law, Queen Mary University of London, UK and Marie Curie Senior Research Fellow, World Trade Institute, University of Bern, Switzerland Edward Cheltenham, UK Northampton, MA, USA

2 Contents List of figures List of tables and boxes Abbreviations Acknowledgements ix xi xii xvi Prologue 1 Linking the legal regimes of trade and climate change 2 Comparing the trade and climate regimes Multilayered governance in climate change and trade Criteria for the distribution of powers Structure book What this book is not about 23 PART 1 SETTING THE SCENE 2. The climate change challenge in the context of international trade Introduction What causes climate change? The international community's acknowledgement Effects of climate change Climate migration Introducing the issue Where climate migrants go Linking the concepts: climate migration and international trade Environmental protection and the international trade system Introduction Background to legal instruments The Montreal Protocol The Convention on International Trade in Endangered Species (CITES) The Basel Convention The Cartagena Protocol 96

3 vi Climate change and international trade 3.3 The WTO and the environment Principal legal aspects Dispute resolution within the WTO The proportionality principle in WTO law and the WTO 3.4 Unilateral trade-related climate change measures An overview The WTO and subsidies for renewable energy EU Emissions Trading Scheme Conclusion 176 PART 2 THE CURRENT STATE PLAY 4. Legal and policy responses to climate change Introduction Earth Summit: The UNFCCC (1992) Objectives Major guidelines The Berlin Mandate (1995) Geneva (1996) The Kyoto Protocol (1997) Stronger GHG emissions commitments Explaining the negotiations The Hague (2000) The Bali action plan (2007) The Copenhagen Accord (2009) Political (rather than legal) commitments Main features Agreements (2010) An overview Climate finance Durban 213 Extension of the Kyoto Protocol to a second commitment period The Durban Platform 215 Creation of the institutions outlined in the Canciin Agreements Overall assessment Analyzing the Kyoto Protocol Introduction What is the Kyoto Protocol? 220

4 Contents vii 5.3 Main points of the Kyoto Protocol Major mechanisms of the Kyoto Protocol Joint implementation Emissions trading Problems with the Kyoto Protocol Implementation Enforcement mechanism Position the main players U.S. position Chinese position EU position Options under the current situation MOVING FORWARD 6. Top-down and bottom-up approaches to climate change and trade 291 Introduction to collective irresponsibility 6.2 Paradigm shift: justifying a bottom-up approach Current centralized legal framework: Waiting for Godot? The incremental development of multilateral regimes Explaining the bottom-up approach Advocating greater flexibility Why a bottom-up approach? National and sub-national initiatives Looking ahead: will new climate regimes be up par? An incremental bottom-up approach for climate change Plausible avenues Variable geometry A sectoral regulatory approach Incentives for cooperative compliance Compliance The Montreal Protocol as a success story of regulatory cooperation Incentives to reduce GHG emissions Enforcement Conclusion 359

5 viii Climate change and international trade 7. Regional trade agreements and climate change 363 Introduction Overview RTAs Motivations for RTA conclusion The mandate of regional integration GATT Article XXIV The enabling clause GATS Article V Main trends in RTAs 380 From MFN liberalization to RTAs Geographical shift Cross-regional RTAs Mega-bloc RTAs Effects of regionalism on multilateralism Advantages and disadvantages of RTAs Using RTAs to promote climate change mitigation Moving away from multilateralism A greener type of trade Climate-related provisions within RTAs Proposed As for climate purposes Concluding remarks 7.9 Conclusion Geoengineering the climate and possible trade implications Introduction Limitations and controversies Considerations around geoengineering Moral and policy concerns Technology Governance Legal considerations relating to international trade Conclusion Recommendations 455 Bibliography 472 Index 503

Justice in Funding Adaptation under the International Climate Change Regime

Justice in Funding Adaptation under the International Climate Change Regime Contents Introduction 1 1.1 Justice and Climate Change 2 1.2 Aims of the Book 7 1.3 Outline of the Book 8 References 10 Adaptation