Climate change meets trade in promoting green growth: potential conflicts and synergies

Zhang, ZhongXiang (2009): Climate change meets trade in promoting green growth: potential conflicts and synergies.

Abstract

To date, border adjustment measures in the form of emissions allowance requirements (EAR) under the U.S. proposed cap-and-trade regime are the most concrete unilateral trade measure put forward on the table to level the carbon playing field. If improperly implemented, such measures could disturb the world trade order and trigger trade war. Because of these potentially far-reaching impacts, this paper focuses on this type of unilateral border adjustment that requires importers to acquire and surrender emissions allowances corresponding to the embedded carbon contents in their goods from countries that have not taken climate actions comparable to that of home country. Our discussion is mainly on the legality of unilateral EAR under the WTO rules. Given that the inclusion of border carbon adjustment measures is widely considered essential to secure passage of any U.S. legislation capping its greenhouse gas emissions, we argue that, on the U.S. side, in designing such trade measures, WTO rules need to be carefully scrutinised, and efforts need to be made early on to ensure that the proposed measures comply with them. After all, a conflict between the trade and climate regimes, if it breaks out, helps neither trade nor the global climate. The U.S. needs to explore with its trading partners cooperative sectoral approaches to advancing low-carbon technologies and/or concerted mitigation efforts in a given sector at an international level. Moreover, to increase the prospects for a successful WTO defence of the Waxman-Markey type of border adjustment provision, 1) there should be a period of good faith efforts to reach agreements among the countries concerned before imposing such trade measures; 2) WTO consistency also requires considering alternatives to trade provisions that could be reasonably expected to fulfill the same function but are not inconsistent or less inconsistent with the relevant WTO provisions; and 3) trade provisions can refer to the designated special international reserve allowance pool, but should allow importers to submit equivalent emission reduction units that are recognized by international treaties to cover the carbon contents of imported products. The paper concludes by arguing that the major developing countries being targeted by such border carbon adjustment measures should make the best use of the forums provided under the United Nations Framework Convention on Climate Change to effectively deal with the proposed border adjustment measures to their advantage.

• Item Type: MPRA Paper
• Language: English
• Keywords: Post-2012 climate negotiations; Border carbon adjustments; Carbon tariffs; Emissions allowance requirements; Cap-and-trade regime; Lieberman-Warner bill; Waxman-Markey bill; World Trade Organization; Kyoto Protocol; Developing countries; United States
• Subjects: F - International Economics > F1 - Trade > F18 - Trade and Environment; Q - Agricultural and Natural Resource Economics ; Environmental and Ecological Economics > Q4 - Energy > Q48 - Government Policy; Q - Agricultural and Natural Resource Economics ; Environmental and Ecological Economics > Q5 - Environmental Economics > Q56 - Environment and Development ; Environment and Trade ; Sustainability ; Environmental Accounts and Accounting ; Environmental Equity ; Population Growth; Q - Agricultural and Natural Resource Economics ; Environmental and Ecological Economics > Q5 - Environmental Economics > Q54 - Climate ; Natural Disasters and Their Management ; Global Warming; Q - Agricultural and Natural Resource Economics ; Environmental and Ecological Economics > Q5 - Environmental Economics > Q58 - Government Policy

References

Berger, J.R. (1999), Unilateral Trade Measures to Conserve the World’s Living Resources: An Environmental Breakthrough for the GATT in the WTO Sea Turtle Case, Columbia Journal of Environmental Law, Vol. 24, pp. 355-411.

Bhagwati, J. and P.C. Mavroidis (2007), Is Action against US Exports for Failure to Sign Kyoto Protocol WTO-Legal?, World Trade Review, Vol. 6, No. 2, pp. 299-310.

Bounds, A. (2006), EU Trade Chief to Reject ‘Green’ Tax Plan, December 17, Financial Times, Available at: http://www.ft.com/cms/s/0/9dc90f34-8def-11db-ae0e-0000779e2340.html?nclick_check=1.

Bovenberg, A.L. and L.H. Goulder (2002), Addressing Industry-Distributional Concerns in U.S. Climate Change Policy, Unpublished manuscript, Department of Economics, Stanford University.

Broder, J. (2009), Obama Opposes Trade Sanctions in Climate Bill, New York Times, June 28, Available at: http://www.nytimes.com/2009/06/29/us/politics/29climate.html?_r=2&scp=1&sq=obama%20opposes%20trade%20sanctions&st=cse.

Charnovitz, S. (2003), Trade and Climate: Potential Conflicts and Synergies, in Pew Center on Global Climate Change, Beyond Kyoto – Advancing the International Effort Against Climate Change, pp. 141-170.

European Commission (2008), Proposal for a Directive of the European Parliament and of the Council Amending Directive 2003/87/EC so as to Improve and Extend the Greenhouse Gas Emission Allowance Trading System of the Community, COM(2008) 16 final, Brussels.

Genasci, M. (2008), Border Tax Adjustments and Emissions Trading: the Implications of International Trade Law for Policy Design, Carbon and Climate Law Review, Vol. 2, No. 1, pp. 33-42.

General Agreement on Tariffs and Trade (GATT, 1987), United States – Taxes on Petroleum and Certain Imported Substances, Report of the Panel, Adopted on June 17, L/6175, BISD 34S/136, Geneva, Available at: http://www.wto.org/english/res_e/booksp_e/analytic_index_e/introduction_01_e.htm.

General Agreement on Tariffs and Trade (GATT, 1990), Thailand – Restrictions on Importation of and Internal Taxes on Cigarettes, Report of the Panel, DS10/R, Adopted on November 7, BISD 37S/200, Geneva, Available at: http://www.wto.org/english/res_e/booksp_e/analytic_index_e/introduction_01_e.htm.

General Agreement on Tariffs and Trade (GATT, 1994), United States: Restrictions on the Imports of Tuna, Report of the Panel (not adopted), DS29/R, June 16, Geneva, Available at: http://www.wto.org/english/res_e/booksp_e/analytic_index_e/introduction_01_e.htm.

Haverkamp, J. (2008), International Aspects of a Climate Change Cap and Trade Program, Testimony before the Committee on Finance, U.S. Senate, February 14, Available at: http://finance.senate.gov/hearings/testimony/2008test/021408jhtest.pdf.

Houser, T. (2008), Carbon Tariffs – Why Trade Sanctions Won’t Work, China Economic Quarterly, Vol. 12, No. 3, pp. 33-38.

Houser, T., Bradley, R., Childs, B., Werksman, J. and R. Heilmayr (2008), Leveling The Carbon Playing Field: International Competition and U.S. Climate Policy Design, Peterson Institute For International Economics and World Resources Institute, Washington, DC.

Ismer, R., and K. Neuhoff (2007), Border Tax Adjustment: A Feasible Way to Support Stringent Emission Trading, European Journal of Law and Economics, Vol. 24, No. 2, pp. 137-164.

McBroom, M. (2008), How the IBEW-UWM-Boilermakers-AEP International Proposal Operates within Climate Legislation, June 17, Available at: http://www.wita.org/index.php?tg=fileman&idx=viewfile&idf=189&id=4&gr=Y&path=&file=WITA-+Climate+Change+-+Overview+of+IBEW-AEP+Proposal+(June+17%2C+2008).pdf.

Ministry of Commerce of China (MOC of China, 2009), A Statement on “Carbon Tariffs”, July 3, Beijing, Available at: http://www.mofcom.gov.cn/aarticle/ae/ag/200907/20090706375686.html, (in Chinese).

Morris, M.G. and E.D. Hill (2007), Trade is the Key to Climate Change, The Energy Daily, Vol. 35, No. 33, February 20.

Parry, Ian W.H., Williams III, R.C. and L.H. Goulder (1999), When Can Carbon Abatement Policies Increase Welfare? The Fundamental Role of Distorted Factor Markets, Journal of Environmental Economics and Management, Vol. 37, No. 1, pp. 52-84.

Reinaud, J. (2008), Issues behind Competitiveness and Carbon Leakage: Focus on Heavy Industry, IEA Information Paper, IEA/OECD, October, Paris.

Reuters (2009), China Says “Carbon Tariffs” Proposals Breach WTO Rules, New York Times, July 3, Available at: http://www.nytimes.com/reuters/2009/07/03/world/international-uk-china-climate.html?ref=global-home.

Samuelsohn, D. (2007), Trade Plan Opposed by China, Brazil and Mexico, Greenwire, September 26, Available at: http://www.earthportal.org/news/?p=507.

Swedish National Board of Trade (2004), Climate and Trade Rule – Harmony or Conflict?, Stockholm.

The Economist (2008), Pollution Law: Trading Dirt, June 7, pp. 42-44.

Werksman, J. and T. Houser (2008), Competitiveness, Leakage and Comparability: Disciplining the Use of Trade Measures under a Post-2012 Climate Agreement, Discussion Paper, World Resources Institute, December, Washington, DC.

World Trade Organization (WTO, 1998), United States – Import Prohibition of Certain Shrimp and Shrimp Products, Report of the Appellate Body, WT/DS58/AB/R, Geneva.

World Trade Organization (WTO, 2001), United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia, Panel Report, WT/DS58/RW, Adopted on November 21,Geneva.

Zhang, Z.X. (1997), The Economics of Energy Policy in China: Implications for Global Climate Change, New Horizons in Environmental Economics Series, Edward Elgar.

Zhang, Z.X. (1998), Greenhouse Gas Emissions Trading and the World Trading System, Journal of World Trade, Vol. 32, No. 5, pp. 219-239.

Zhang, Z.X. (1999), Should the Rules of Allocating Emissions Permits be Harmonised?, Ecological Economics, Vol. 31, No. 1, pp. 11-18.

Zhang, Z.X. (2004), Open Trade with the U.S. without Compromising Canada’s Ability to Comply with its Kyoto Target, Journal of World Trade, Vol. 38, No. 1, pp. 155-182.

Zhang, Z.X. (2007a), Doing Trade and Climate Policy Together, in Najam, A., Halle, M. and R. Meléndez-Ortiz (Editors), Trade and Environment: A Resource Book, International Institute for Sustainable Development, Canada, and International Center for Trade and Sustainable Development, Geneva.

Zhang, Z.X. (2007b), Why Has China not Embraced a Global Cap-and-Trade Regime?, Climate Policy, Vol. 7, No. 2, pp. 166-170.

Zhang, Z.X. (2009a), Multilateral Trade Measures in a Post-2012 Climate Change Regime?: What Can Be Taken from the Montreal Protocol and the WTO?, Energy Policy, Vol. 37, pp. 5105-5112.

Zhang, Z.X. (2009b), 美国拟征收碳关税 中国当如何应对 (How Should China Respond to the U.S. Proposed Carbon Tariffs?),《国际石油经济》International Petroleum Economics, Vol. 17, No. 8, pp. 13-16.

Zhang, Z.X. and L. Assunção (2004), Domestic Climate Policy and the WTO, The World Economy, Vol. 27, No. 3, pp. 359-386.