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The compatibility of the IoC charge with world trade law

In: Including Consumption in Emissions Trading

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Abstract

Chapter 5 analysis the consumption-based carbon charge in the light of the ASCM and the National Treatment Requirement of Article III:2 GATT. It shows that the relief from the charge upon exportation does not qualify as a subsidy under the ASCM. It then demonstrates that the policy mechanism, which estimates carbon-intensity based on material-specific and not technology-specific benchmarks, fully complies with the National Treatment Requirement of the GATT. This is because the charge does neither discriminate against imported products. Nor does it apply to imports so as to protect the domestic industry. If someone argues that the scheme does violate WTO Law, import adjustments can be justified under Article XX GATT item (b) and (g) on environmental grounds.

Suggested Citation

  • ., 2021. "The compatibility of the IoC charge with world trade law," Chapters, in: Including Consumption in Emissions Trading, chapter 6, pages 119-164, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20248_6
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