Buch, Englisch, Band 5, 308 Seiten, Format (B × H): 162 mm x 234 mm, Gewicht: 576 g
Common Concern of Humankind, Carbon Pricing, and Export Credit Support
Buch, Englisch, Band 5, 308 Seiten, Format (B × H): 162 mm x 234 mm, Gewicht: 576 g
Reihe: World Trade Institute Advanced Studies
ISBN: 978-90-04-44608-3
Verlag: Brill
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
Acknowledgments
List of Boxes and Figures
Abbreviations and Acronyms
Introduction
1 Climate Technology, Trade, and the Doctrine of Common Concern
I Mitigation of Climate Change: Fact vs. Law
II The LCTs as an Important Puzzle Piece
A Technology in Mitigation Pathways
B The Concept and Scope of LCTs
III International Trade for Low-carbon Technology Diffusion
A Aspects of the Relationship between Trade and Technology
B The Disconnect between Trade and Climate Legal Regimes
C Fragmentation, or Regime Interactions
D Paths that Lead to Coherence Building
IV Common Concern of Humankind: History and Meaning
A Inception and Evolution of the Notion
B Making of a Common Concern
C Legal Consequence
V Towards a New Doctrine
A A Dynamic Gateway for ‘Common Concerns’
B Enhanced Legal Consequences
C Forward Evolution
VI Application in the Trade-climate Interface
A Terms of Relationship with Key Notions
B Implications for Low-carbon Technology Diffusion
VII Conclusion
2 Rules and Facts on Low-Carbon Technology Diffusion
I The Origin of the Polemics on Technology Transfer
A Unsuccessful Code Negotiations
B Regime Specific Trends
II Developments in the Climate Regime
A Evolution of Institutional Frameworks
B Evolution of Financial Support Systems
C Other Avenues Contributing to Low-carbon Technology Diffusion
D Summary Analysis
III Growing Empirical Understanding of Technology Diffusion Barriers
A Studies on the Relevance of Intellectual Property Rights
B Sector and Country-Focused Studies
C Technology Barriers Perceived by Developing Countries
D Summary Analysis
IV Developments in Trade Regulation
A Existing Multilateral Rules
B Negotiations and Deliberations at the WTO and UNCTAD
C Trade Disputes Regarding Technology Transfer and Renewables
D Non-multilateral Approaches
E Summary Analysis
V Conclusion
3 Towards a Cooperation Based Trade Action Agenda
I ‘Common Concern’ as a Guide to Trade Cooperation
A The Challenge of Cooperation and Common Concern Doctrine
B Key Issues Regarding a Novel Duty to Cooperate
II Cooperation Regarding Low-carbon Technology Diffusion
A Outline of the Proposal
B Identifying Actors and Respective Motivations
C Identifying Relevant Measures
D A New Balance
E Ensuring Compliance
III Implementing the New Approach
A Overcoming Political Inertia
B Tasks at the Multilateral Level
C Incorporation in Preferential Trade Agreements (PTAs)
D Domestic Actions
IV Conclusion
4 Assisting the Diffusion of Low- Carbon Technology through Emission Pricing
I Pricing Emission using Taxes and Tariffs: A Brief Introduction
A Rationale behind Carbon Pricing for Technology Diffusion
B Design Considerations for an Effective and Equitable Measure
C The Need for International Cooperation
D The Measure Proposed
II WTO Eligibility of a Carbon Pricing Measure
A Eligibility of Carbon Taxes
B Eligibility of Carbon Tariffs
III Discriminatory Impact of Carbon Pricing
A Product Comparability: The Test of ‘Likeness’
B Standard of Discrimination: Change in Conditions of Competition
C Justifying the Pricing Measures
IV Alternate Reading Aided by Common Concern
A Regarding the Test of ‘Likeness’
B Regarding the Legal Standard of Discrimination
C Regarding the General Exception
V Conclusion
5 Encouraging Technology Export through Public Financial Support
I Prospects and Challenges of Public Financial Support
A The Problem and Potential of Public Finance
B Possible Avenues of Public Support
C The Promise and Challenge of the Export Credit Agencies (ECAS)
D The Proposed Measure
II ECA Activities and the WTO Subsidies Agreement
A The Key Questions
B Scope of the Agreement
C Export Incentive and Regulation on Prohibited Subsidies
D Other Challenges to the Export Promotion Incentives
III Looking Forward: Role of Common Concern
A As an Aid to Interpretation
B As a Guide for Reform
C Cooperation and Homework Avenues
IV Conclusion
6 Unilateral Trade Sanctions to Secure Compliance with the Common Concern Doctrine
I The Domain of Unilateral Trade Sanctions
A Arguments in Favour of Unilateral Sanctions
B Concerns Regarding Unilateral Sanctions
II Countermeasures and Common Concern of Clean Technology Diffusion
A Recap of the Doctrine’s Position
B Operational Specifications
III Position under Public International Law
IV Position under the Multilateral Trade Rules
A Trade Sanctions under the Exception Clauses
V Way Forward: Influence of Common Concern
VI Conclusion
Conclusion: Summary and Outlook
I International Trade, Clean Technologies and Common Concern
A Trade Cooperation for Technology Diffusion
B Role of Domestic Trade Policy Measures
C Utility of Unilateral Trade Countermeasures
II Lessons Learnt about the Doctrine
III Outlook
Annex – Scope of Clean Technologies
Bibliography
Index
