Book contents
- Implementing Climate Change Policy
- Implementing Climate Change Policy
- Copyright page
- Additional material
- Dedication
- Contents
- Contributors
- Abbreviations
- Introduction
- Part I Comparing Climate Policies
- Part II Designing Effective Governance Mechanisms
- 10 European Green Deal, Climate Policies and the Energy Dilemma: Investment Protection versus Sustainable Investment?
- 11 Twin Transitions? Implementing Climate Policies in the European Union through Digital Transformation
- 12 Carbon Sequestration and Ocean Governance: Emerging Challenges between Traditional Sovereign Rights and the Need for Global Regulation
- 13 Climate Change and the Arctic: A Study of Paradoxical Linkages in Complex Systems
- 14 The European Union’s Carbon Border Adjustment Mechanism as a (Generally Lawful) Countermeasure
- 15 Corporate Self-Regulation and the Climate: The Legal Trajectory of Sustainability Due Diligence in the European Union
- 16 Extending Ecolabelling in Response to Climate Change
- 17 The Role of Judges in Implementing Climate Policies
- 18 Private Climate Litigation
- 19 The International Court of Justice Facing the Existential Threat of Climate Change
- 20 ‘The Story Is Part of the Success’
- Conclusion
- Documents
- Cases
- Bibliography
- Index
14 - The European Union’s Carbon Border Adjustment Mechanism as a (Generally Lawful) Countermeasure
from Part II - Designing Effective Governance Mechanisms
Published online by Cambridge University Press: 22 November 2024
- Implementing Climate Change Policy
- Implementing Climate Change Policy
- Copyright page
- Additional material
- Dedication
- Contents
- Contributors
- Abbreviations
- Introduction
- Part I Comparing Climate Policies
- Part II Designing Effective Governance Mechanisms
- 10 European Green Deal, Climate Policies and the Energy Dilemma: Investment Protection versus Sustainable Investment?
- 11 Twin Transitions? Implementing Climate Policies in the European Union through Digital Transformation
- 12 Carbon Sequestration and Ocean Governance: Emerging Challenges between Traditional Sovereign Rights and the Need for Global Regulation
- 13 Climate Change and the Arctic: A Study of Paradoxical Linkages in Complex Systems
- 14 The European Union’s Carbon Border Adjustment Mechanism as a (Generally Lawful) Countermeasure
- 15 Corporate Self-Regulation and the Climate: The Legal Trajectory of Sustainability Due Diligence in the European Union
- 16 Extending Ecolabelling in Response to Climate Change
- 17 The Role of Judges in Implementing Climate Policies
- 18 Private Climate Litigation
- 19 The International Court of Justice Facing the Existential Threat of Climate Change
- 20 ‘The Story Is Part of the Success’
- Conclusion
- Documents
- Cases
- Bibliography
- Index
Summary
The lawfulness of carbon border adjustment measures (CBAMs) under general international economic law and particular economic agreements is explored; specifically, if their international lawfulness can be determined by thinking of them as countermeasures necessary to implement climate change obligations. As there are no non-discriminatory obligations under customary international law, it is argued that CBAMs are lawful under general international law, but under particular international economic agreements they can be seen as countermeasures lawfully taken in response to breaching the obligation to curb GHG emissions, allowing their justification as a breach of primary non-discriminatory economic obligations, particularly the national treatment principle under the GATT and GATS. This shifts the burden of proving necessity/proportionality to the State in breach of the obligation. CBAMs are fundamentally lawful measures and can only give rise to compensation if it they are unnecessary/disproportionate. This chapter also assesses whether they can be thought of as erga omnes contractantes obligations under international economic agreements, particularly the GATT and the GATS.
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- Information
- Implementing Climate Change PolicyDesigning and Deploying Net Zero Carbon Governance, pp. 231 - 244Publisher: Cambridge University PressPrint publication year: 2024