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Reconciling Trade and Climate

How the WTO Can Help Address Climate Change Tracey Epps, Trade Law Consultant, Chapman Tripp, New Zealand and Andrew Green, Faculty of Law, University of Toronto, Canada
This timely book addresses the interaction between policies addressing climate change and the rules of the WTO. The authors expertly examine the law and economics behind the application of trade rules in the area of climate, including the implications of WTO rules for domestic climate measures, the unilateral use of trade measures to attempt to force other countries to take climate action, and the role of trade measures in multilateral climate agreements. The book argues that while there is a possibility of conflict between international trade rules and progress on climate change, it need not be the case. Thus the major focus is on the ways in which trade measures can aid in addressing climate change.
Extent: 288 pp
Hardback Price: $136.00 Web: $122.40
Publication Date: 2011
ISBN: 978 1 84980 006 8
Availability: In Stock
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  • Environment
  • Climate Change
  • Law - Academic
  • International Economic Law, Trade Law
This timely book addresses the interaction between policies addressing climate change and the rules of the WTO. The authors expertly examine the law and economics behind the application of trade rules in the area of climate, including the implications of WTO rules for domestic climate measures, the unilateral use of trade measures to attempt to force other countries to take climate action, and the role of trade measures in multilateral climate agreements. The book argues that while there is a possibility of conflict between international trade rules and progress on climate change, it need not be the case. Thus the major focus is on the ways in which trade measures can aid in addressing climate change.
‘Epps and Green have submitted an excellently written, innovative, and well-balanced study that deserves a wide relationship. Their conclusions are drawn based on a comprehensive and well-documented examination of existing WTO law and practice of the GATT panels and the Appellate Body. The authors do not limit themselves to a purely legal analysis, but also include the necessary considerations of political theory and economy. Above all, they deserve the credit for having rejected the traditional antagonism between trade and protection of the environment.’
– Alexander Proelss, European Yearbook of International Economic Law

‘Reconciling Trade and Climate provides an interesting and timely contribution to the debate on the interaction between climate policy and the international trade regime.’
– Anatole Boute, International Energy Law Review

‘. . . the book contains an interesting analysis of the aspects of WTO law relevant to climate change [and] constitutes an important step in the right direction.’
– Kati Kulovesi, Climate Law

‘Reconciling Trade and Climate is a 280-page compendium of impeccable scholarship that begins with an informative introduction reflecting the necessity of reconciling international trade rules and climate policies. What follows is a series of superbly researched and presented issues involving linkages between trade and climate change, trade rules and domestic policies, unilateral action to compel countries to take climate change action, and multilateral solutions that will increase environmentally sound and beneficial trading. Enhanced with a comprehensive index, Reconciling Trade and Climate is a strongly recommended and seminal contribution to professional and academic libraries.’
– The Midwest Book Review

‘This book provides a comprehensive examination of the legal and policy interactions between international trade and measures to forestall climate change. Epps and Green cover all major aspects of the current debate and are especially attentive to the connection to economic development and poverty alleviation. The last chapter provides a creative and thoughtful menu of policy initiatives that could be undertaken in the World Trade Organization or in the UN Climate Change regime.’
– Steve Charnovitz, George Washington University, US

‘This is the first careful and comprehensive book-length treatment of the interface between trade policy and climate change policy. The book argues clearly and convincingly that rather than perceiving these two classes of policies as in antagonism to one another, there are in fact substantial synergies between them, which the authors evaluate by reference to three major goals: mitigating climate change, deterring protectionism, and furthering developing goals of developing countries. These synergies are pursued through extensive discussions of trade rules and domestic policies; unilateral action to force other countries to take climate change action; and multilateral solutions. The book has the great virtues of being subtle and nuanced in its analysis, while readily accessible to the non-specialist reader. It seems certain to become the standard reference work on this important and topical set of issues for years to come.’
– Michael Trebilcock, University of Toronto, Canada

‘Epps and Green tell a convincing story of synergies between liberalized trade and combating climate change. How can countries cut their carbon emissions without cutting their competitive edge? How can alternative energy be traded more freely? They rightly highlight the positive role that the WTO can play in this respect, allowing for genuine environmental measures but deterring protectionism and discrimination. This is a unique book, objectively explaining the different instruments and processes available to tackle climate change in the most efficient and effective way and their consistency under WTO agreements. The topic and practical importance of this study cannot be overestimated. We are talking about how to redress the planet’s biggest market failure in a way that does not unfairly hamper trade and economic prosperity in both developed and developing countries.’
– Joost Pauwelyn, Graduate Institute, Geneva, Switzerland
Contents: Part I: Introduction 1. Reconciling Trade Rules and Climate Policies Part II: Linkages between Trade and Climate Change 2. Climate Change, Trade and International Agreements 3. The Existing Trade and Climate Change Frameworks 4. The Role of Trade Measures in Addressing Climate Change Part III: Trade Rules and Domestic Policies 5. Regulations and Domestic Emissions Trading 6. Taxes 7. Subsidies 8. Border Tax Adjustments 9. The Role of Environmental Exceptions 10. Judging Domestic Policy Part IV: Unilateral Action to Force Other Countries to Take Climate Change Action 11. Carrots – Positive Inducements 12. Dismantling Roadblocks 13. Negative Incentives: Using ‘Sticks’ Part V: Multilateral Solutions 14. Trade Measures in a Climate Agreement 15. Increasing Environmentally Beneficial Trade Part VI: Conclusion 16. Trade, Climate Protection and Development Index