The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between climate change and trade rules. Regional as well as international perspectives are taken into account to inform the complex questions that arise and redirect research efforts towards newly emerging issues.
The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in ‘green’ goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment.
This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law.
TABLE OF CONTENTS
Introduction: Climate change and trade law: challenges for governance and coordination
Panagiotis Delimatsis
PART I. CLIMATE CHANGE AND THE ROLE OF THE WTO: THEORETICAL UNDERPINNINGS
1. Common Concern and the Legitimacy of the WTO in Dealing with Climate Change
Thomas Cottier and Tetyana Payosova
2. Common but Differentiated Responsibilities in Transnational Climate Change Governance and the WTO: A Tale of Two ‘Interconnected Worlds’ or a Tale of Two ‘Crossing Swords’?
Anastasios Gourgourinis
3. Duty to Protect, Climate Change and Trade
Krista Nadakavukaren Schefer and Pablo Arnaiz
PART II. CLIMATE CHANGE AND THE WORLD TRADE ORGANIZATION: TOPICAL ISSUES
4. Carbon Taxes, PPMs and the GATT
Erich Vranes
5. WTO Law Constraints on Carbon Credit Mechanisms and Export Border Tax Adjustments
Joel P. Trachtman
6. Feed-in Tariffs and the WTO Regulation of Subsidies – A Moment of Progressive Adjudication in Canada – Renewable Energy
Sadeq Z. Bigdeli
7. Sustainable Standard-Setting, Climate Change and the TBT Agreement
Panagiotis Delimatsis
8. Climate Change and Services Trade: What Role for the GATS?
Michaël Alder, Aik Hoe Lim, and Ruosi Zhang
9. Trade Wars in the TRIPS Council: Intellectual Property, Technology Transfer, and Climate Change
Matthew Rimmer
PART III. CLIMATE CHANGE AND TRADE IN PERSPECTIVE: CURRENT CHALLENGES
10. Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security?
Vitaliy Pogoretskyy and Sergii Melnyk
11. Food Security and Agricultural Trade: An Early Warning for Climate Change!
Joseph A. McMahon
12. The WTO Environmental Goods Agreement: From Multilateralism to Plurilateralism
Mark Wu
13. Climate Change, Green Paradox Models and International Trade Rules
Roy Andrew Partain
PART IV. CLIMATE CHANGE AND TRADE: GLOBAL AND REGIONAL PERSPECTIVES
14. Trade Measures to Address Climate Change: Territory and Extraterritoriality
Margaret A. Young
15. EU Climate Law and the WTO
Emily Reid
16. EU Climate Law and Human Rights: New Prospects for Judicial Environmental Activism?
Floor Fleurke
17. Climate Change in the TPP and the TTIP
James Munro
PART V. CLIMATE CHANGE, TRADE AND INVESTMENT
18. Climate Change and Investor-State Dispute Settlement: Identifying the Linkages
Angelos Dimopoulos
19. The Complex Relationship between International Investment Law and Climate Change Initiatives: Exploring the TensionConclusion
J. Anthony VanDuzer
20. Rules and Disputes on Foreign Investment in Renewable Energies – Exploring the Nexus of Trade and Investment Treaties
Julien Chaisse
21. Climate change mitigation and the WTO frameworkIndex
Ludivine Tamiotti and Daniel Ramos
Panagiotis DELIMATSIS (ed.), Research Handbook on Climate Change and Trade Law,
Cheltenham, Edward Elgar Publishing, 2016 (576 pp.)
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