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‘Border Tax Adjustment’ in the Context of Emission Trading: Climate Protection or ‘Naked’ Protectionism?

‘Border Tax Adjustment’ in the Context of Emission Trading: Climate Protection or ‘Naked’... ARTICLE * I. INTRODUCTION At the Spring Summit in March 2007, the European heads of state and government decided to reduce the European Union's overall greenhouse gas emissions by at least 20 per cent below 1990 levels by 2020, and by 30 per cent if other developed countries undertake similar level of efforts. For the time being, it is unclear which results the Kyoto follow-up negotiations will bring, or whether it will be possible to agree upon an ambitious reduction commitment internationally. Given the many divergences among the parties to the United Nations Framework Convention on Climate Change (UNFCCC) with respect to new binding reduction commitments of greenhouse gas (GHG) emissions ­ divergences evidenced by the difficult birth of the roadmap for the post 2012 Kyoto negotiations agreed at the Bali Conference in December 20071 ­ the issue arises which actions Europe should take in order to implement her ambitious goals. Trade policy measures for climate change purposes are high on the political agenda and have the support of French President Sarkozy,2 German Environment Minister Gabriel,3 and Commission Vice-President Verheugen.4 Also, the European Parliament invited the Commission to reflect on trade measures to combat climate.5 The reasoning for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Trade and Customs Journal Kluwer Law International

‘Border Tax Adjustment’ in the Context of Emission Trading: Climate Protection or ‘Naked’ Protectionism?

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Global Trade and Customs Journal , Volume 3 (5) – May 1, 2008
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Kluwer Law International
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Copyright © Kluwer Law International
ISSN
1569-755X
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Abstract

ARTICLE * I. INTRODUCTION At the Spring Summit in March 2007, the European heads of state and government decided to reduce the European Union's overall greenhouse gas emissions by at least 20 per cent below 1990 levels by 2020, and by 30 per cent if other developed countries undertake similar level of efforts. For the time being, it is unclear which results the Kyoto follow-up negotiations will bring, or whether it will be possible to agree upon an ambitious reduction commitment internationally. Given the many divergences among the parties to the United Nations Framework Convention on Climate Change (UNFCCC) with respect to new binding reduction commitments of greenhouse gas (GHG) emissions ­ divergences evidenced by the difficult birth of the roadmap for the post 2012 Kyoto negotiations agreed at the Bali Conference in December 20071 ­ the issue arises which actions Europe should take in order to implement her ambitious goals. Trade policy measures for climate change purposes are high on the political agenda and have the support of French President Sarkozy,2 German Environment Minister Gabriel,3 and Commission Vice-President Verheugen.4 Also, the European Parliament invited the Commission to reflect on trade measures to combat climate.5 The reasoning for

Journal

Global Trade and Customs Journal – Kluwer Law International

Published: May 1, 2008

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