Description
Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.
Table of ContentsAcknowledgments List of Boxes and Figures Abbreviations and Acronyms Introduction 1 Climate Technology, Trade, and the Doctrine of Common Concern I Mitigation of Climate Change: Fact vs. Law II The LCTs as an Important Puzzle Piece A Technology in Mitigation Pathways B The Concept and Scope of LCTs III International Trade for Low-carbon Technology Diffusion A Aspects of the Relationship between Trade and Technology B The Disconnect between Trade and Climate Legal Regimes C Fragmentation, or Regime Interactions D Paths that Lead to Coherence Building IV Common Concern of Humankind: History and Meaning A Inception and Evolution of the Notion B Making of a Common Concern C Legal Consequence V Towards a New Doctrine A A Dynamic Gateway for ‘Common Concerns’ B Enhanced Legal Consequences C Forward Evolution VI Application in the Trade-climate Interface A Terms of Relationship with Key Notions B Implications for Low-carbon Technology Diffusion VII Conclusion 2 Rules and Facts on Low-Carbon Technology Diffusion I The Origin of the Polemics on Technology Transfer A Unsuccessful Code Negotiations B Regime Specific Trends II Developments in the Climate Regime A Evolution of Institutional Frameworks B Evolution of Financial Support Systems C Other Avenues Contributing to Low-carbon Technology Diffusion D Summary Analysis III Growing Empirical Understanding of Technology Diffusion Barriers A Studies on the Relevance of Intellectual Property Rights B Sector and Country-Focused Studies C Technology Barriers Perceived by Developing Countries D Summary Analysis IV Developments in Trade Regulation A Existing Multilateral Rules B Negotiations and Deliberations at the WTO and UNCTAD C Trade Disputes Regarding Technology Transfer and Renewables D Non-multilateral Approaches E Summary Analysis V Conclusion 3 Towards a Cooperation Based Trade Action Agenda I ‘Common Concern’ as a Guide to Trade Cooperation A The Challenge of Cooperation and Common Concern Doctrine B Key Issues Regarding a Novel Duty to Cooperate II Cooperation Regarding Low-carbon Technology Diffusion A Outline of the Proposal B Identifying Actors and Respective Motivations C Identifying Relevant Measures D A New Balance E Ensuring Compliance III Implementing the New Approach A Overcoming Political Inertia B Tasks at the Multilateral Level C Incorporation in Preferential Trade Agreements (PTAs) D Domestic Actions IV Conclusion 4 Assisting the Diffusion of Low- Carbon Technology through Emission Pricing I Pricing Emission using Taxes and Tariffs: A Brief Introduction A Rationale behind Carbon Pricing for Technology Diffusion B Design Considerations for an Effective and Equitable Measure C The Need for International Cooperation D The Measure Proposed II WTO Eligibility of a Carbon Pricing Measure A Eligibility of Carbon Taxes B Eligibility of Carbon Tariffs III Discriminatory Impact of Carbon Pricing A Product Comparability: The Test of ‘Likeness’ B Standard of Discrimination: Change in Conditions of Competition C Justifying the Pricing Measures IV Alternate Reading Aided by Common Concern A Regarding the Test of ‘Likeness’ B Regarding the Legal Standard of Discrimination C Regarding the General Exception V Conclusion 5 Encouraging Technology Export through Public Financial Support I Prospects and Challenges of Public Financial Support A The Problem and Potential of Public Finance B Possible Avenues of Public Support C The Promise and Challenge of the Export Credit Agencies (ECAS) D The Proposed Measure II ECA Activities and the WTO Subsidies Agreement A The Key Questions B Scope of the Agreement C Export Incentive and Regulation on Prohibited Subsidies D Other Challenges to the Export Promotion Incentives III Looking Forward: Role of Common Concern A As an Aid to Interpretation B As a Guide for Reform C Cooperation and Homework Avenues IV Conclusion 6 Unilateral Trade Sanctions to Secure Compliance with the Common Concern Doctrine I The Domain of Unilateral Trade Sanctions A Arguments in Favour of Unilateral Sanctions B Concerns Regarding Unilateral Sanctions II Countermeasures and Common Concern of Clean Technology Diffusion A Recap of the Doctrine’s Position B Operational Specifications III Position under Public International Law IV Position under the Multilateral Trade Rules A Trade Sanctions under the Exception Clauses V Way Forward: Influence of Common Concern VI Conclusion Conclusion: Summary and Outlook I International Trade, Clean Technologies and Common Concern A Trade Cooperation for Technology Diffusion B Role of Domestic Trade Policy Measures C Utility of Unilateral Trade Countermeasures II Lessons Learnt about the Doctrine III Outlook Annex – Scope of Clean Technologies Bibliography Index
