{"title":"Towards a Cooperation Based Trade Action Agenda","authors":"Zakeri Ahmad","doi":"10.1163/9789004446090_005","DOIUrl":null,"url":null,"abstract":"After an acquaintance with the marketrelated determinants of lowcarbon technology (lct) diffusion and highlighting the gaps in the relevant regulatory frameworks in the previous chapter, the question now is that how those gaps may be bridged by creating new opportunities for appropriate responses. Guided by the doctrine of Common Concern of Humankind, this chapter proposes an expansion of the wto members’ responsibility to cooperate to resolve the challenges of lct diffusion. It begins by pointing out that in purely positivistic terms, the trade rules’ falling short of accommodating the interest of lct diffusion is not illegal per se. It is because even if traderelated actions are potentially conducive to an enabling environment for clean technology diffusion, current wto rules do not compel members to act in the service of the climate protection goal. It is argued that although the independence of a sovereign to make policy choices is the foundation of international law, refusal or avoidance of cooperation with respect to issues that are of Common Concern can raise questions about the legitimacy of its power to act. Moving towards the goal of creating a coherent framework of technology diffusion actions, this chapter lays out a propositional agenda putting the insights from the Common Concern doctrine to use. It is proposed that cooperation within the trade regime should be preceded by formal recognition of the notion, and would thereupon entail the development of coherent rules of action respecting the principles of equity and differentiation. This is moulded into a new proposed narrative to guide trade policy measures for lct diffusion. Finally, possible ways of implementing the narrative by taking appropriate steps at the multilateral, regional, and domestic levels are explored.","PeriodicalId":154957,"journal":{"name":"WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion","volume":"5 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/9789004446090_005","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
After an acquaintance with the marketrelated determinants of lowcarbon technology (lct) diffusion and highlighting the gaps in the relevant regulatory frameworks in the previous chapter, the question now is that how those gaps may be bridged by creating new opportunities for appropriate responses. Guided by the doctrine of Common Concern of Humankind, this chapter proposes an expansion of the wto members’ responsibility to cooperate to resolve the challenges of lct diffusion. It begins by pointing out that in purely positivistic terms, the trade rules’ falling short of accommodating the interest of lct diffusion is not illegal per se. It is because even if traderelated actions are potentially conducive to an enabling environment for clean technology diffusion, current wto rules do not compel members to act in the service of the climate protection goal. It is argued that although the independence of a sovereign to make policy choices is the foundation of international law, refusal or avoidance of cooperation with respect to issues that are of Common Concern can raise questions about the legitimacy of its power to act. Moving towards the goal of creating a coherent framework of technology diffusion actions, this chapter lays out a propositional agenda putting the insights from the Common Concern doctrine to use. It is proposed that cooperation within the trade regime should be preceded by formal recognition of the notion, and would thereupon entail the development of coherent rules of action respecting the principles of equity and differentiation. This is moulded into a new proposed narrative to guide trade policy measures for lct diffusion. Finally, possible ways of implementing the narrative by taking appropriate steps at the multilateral, regional, and domestic levels are explored.