Authors
Timothy Meyer, Todd Tucker
Publication date
2021/7/7
Journal
Duke Law School Public Law & Legal Theory Series
Issue
2022-45
Description
Carbon border measures (CBMs) are an important tool for integrating climate and trade policy. At the same time, however, they raise novel issues for the World Trade Organization (WTO). Although these issues may present themselves as legal issues, they are significant diplomatically and politically for a number of reasons. First, US allies, the European Union (EU) in particular, are politically invested in the WTO as the center of a rules-based international trading system. Allies are therefore reluctant to adopt or acquiesce to measures that do not have a plausible justification under WTO rules. Diplomatic engagement on allies’ policies, such as the EU’s forthcoming CBM, is thus most effective when it is informed by WTO issues. Second, US allies have perceived the United States under the Trump administration as actively undermining the WTO. They therefore would be especially sensitive now to US policies, such as a potential US CBM, that could fly in the face of WTO rules. Third, US allies, led by the EU, are eager to rebuild the WTO’s Appellate Body (the lynchpin of the WTO’s dispute settlement system), which the Trump administration incapacitated following years of bipartisan discontent with the body. CBMs present a challenge to this endeavor. If the Biden administration adopts CBMs that cannot at least plausibly be justified before the WTO’s dispute settlement system, reviving dispute settlement at the WTO will be considerably more difficult. Preemptively thinking through WTO legal issues with CBMs may thus smooth the diplomatic and political path for adopting such measures and presenting them to both the US business/environmental …
Total citations
20222023202411
Scholar articles
T Meyer, T Tucker - Duke Law School Public Law & Legal Theory Series, 2021