WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion最新文献

{"title":"Unilateral Trade Sanctions to Secure Compliance with the Common Concern Doctrine","authors":"Zakeri Ahmad","doi":"10.1163/9789004446090_008","DOIUrl":"https://doi.org/10.1163/9789004446090_008","url":null,"abstract":"In continuation of examining different aspects of the Common Concern doctrine with respect to the role of trade in clean technology diffusion, this final chapter deals with the last and possibly the most controversial issue, i.e. unilateral countermeasures to respond to unaddressed common concerns across borders. Consequently, the general theme is the feasibility and consequence of unilateral trade sanctions as per dictates of the Common Concern doctrine to ensure compliance with the proposed narrative of lowcarbon technology (lct) diffusion. There are a number of issues to unpack in this regard, which are taken up in sequence. The chapter begins by sketching out the opposing views on the utility of unilateralism, especially trade sanctions. Like many contested areas of international law, the proponents of the approach see the benefit of sure compliance in sanctions, whereas the sceptics find the threat thereof as cooperation deterrent. To place the doctrine in the midst of the debate, it would be important to clarify how it may maximise the proclaimed benefits while minimising the predicted challenges. Going further, the chapter briefly outlines the grey areas of international law regarding unilateral actions, third party countermeasures in particular, and discusses the advancement thereupon made by the doctrine. Lastly, turning to the trade domain, it is recalled that unilateral sanctions are inherently illegal in the multilateral system, with some avenues to bring ex post legitimacy to actions when challenged. One question would be what, if any, additional benefit is brought by introducing the doctrine of Common Concern. Another is whether one should reconsider making such forwardlooking suggestions in the currently unfolding geopolitical reality of mistrust and economic warfare. Detailed discussions follow hereunder.","PeriodicalId":154957,"journal":{"name":"WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122141071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Assisting the Diffusion of Low-Carbon Technology through Emission Pricing","authors":"Zakeri Ahmad","doi":"10.1163/9789004446090_006","DOIUrl":"https://doi.org/10.1163/9789004446090_006","url":null,"abstract":"This is the first of the two chapters that take the discussions to the level of domestic trade policy measures for lowcarbon technology (lct) diffusion. Following the outlines of the proposed trade cooperation narrative laid out in the previous chapter, the goal here is twofold. One is to take the application of the narrative a step further by looking into a particular facilitative trade policy action in the backdrop of the existing framework of rules. Such an exercise would contribute by highlighting the bottlenecks where climate mitigation motivated measures may come to conflict with trade rules. The other goal is to identify the ways the proposed doctrine of Common Concern can ease or tackle those challenges. In substantive terms, the present chapter would call for pricing of ghg emissions domestically and also for imposing similar regulation upon imports (i.e. border adjustment). It would also propose that additional revenue gained from carbon pricing of imports be reverted to the production sources, the developing countries in particular, as technology upgradation support. The driving hypothesis here is that through the pricing of ghg emissions, it is possible to create a business environment that renders lowemission production and processing lucrative. To establish that hypothesis, the first section supplies a factual background to carbon pricing, as well as describes the key components of the proposed pricing approach. Thereafter, the second and the third section discuss the thorny issues with respect to wto rules in this regard. The following section introduces a counterfactual position, proposing a harmonisation endeavour under the rubric of Common Concern of Humankind. The concluding part sums up the analysis and the key findings therefrom.","PeriodicalId":154957,"journal":{"name":"WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion","volume":"38 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114479191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Encouraging Technology Export through Public Financial Support","authors":"","doi":"10.1163/9789004446090_007","DOIUrl":"https://doi.org/10.1163/9789004446090_007","url":null,"abstract":"This chapter supplies the second of the two case studies that test out Common Concern inspired trade measures in practice. This study zooms in to the issue of access to finance – one of the key obstacles for the private sector to acquire emission reducing technologies. Within that perimeter, the current chapter focuses on the relationship of potential support measures with the Subsidies Agreement of the wto – especially, the control it would exercise on potential enhancement of such measures. While the argument of boosting climate finance is considered as a virtuous one on the whole, the opaque issue is whether the cause would also justify unregulated public finance of private transactions in lowcarbon technologies (lct), particularly when involving developing country partners. This issue is explored in detail here. The chapter begins with an outline of the need for additional public finance for technology outflows and proposes the enhancement of export promotion support as a positive contributor. The approaches thereof, i.e. supply of financial credit in better terms, or sharing of destinationspecific risks are then examined in the backdrop of the trade regulation – the Agreement on Subsidies and Countervailing Measures (ascm, or the scm agreement), to be specific. Then the lens of Common Concern of Humankind is brought into play to identify areas of further development. The chapter explains that the promotion of clean technology exports and investments could be mutually beneficial for all parties involved. To that effect, the Common Concern doctrine can facilitate an accommodating understanding of the subsidies regulation, as well as indicate the pertinent areas of new rulemaking. This conclusion however remains subject to one important caveat. While markets often lack public support boosting trade or investment flows in the lct s, it may enjoy the same in the sectors that are harmful to the climate. A successful paradigm of financial assistance in the light of resolving the common concern of humankind should also include a parallel focus on the withdrawal of counterproductive supports existing on the market.","PeriodicalId":154957,"journal":{"name":"WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128401927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Conclusion: Summary and Outlook","authors":"Monika Futschik","doi":"10.1007/978-3-658-19819-0_6","DOIUrl":"https://doi.org/10.1007/978-3-658-19819-0_6","url":null,"abstract":"","PeriodicalId":154957,"journal":{"name":"WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128195143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rules and Facts on Low-Carbon Technology Diffusion","authors":"Zakeri Ahmad","doi":"10.1163/9789004446090_004","DOIUrl":"https://doi.org/10.1163/9789004446090_004","url":null,"abstract":"This chapter supplies an indepth factual understanding of the marketrelated determinants of lowcarbon technology (lct) diffusion, as well as the relevant developments in the climate and the trade legal regimes to date. In doing so, it facilitates a better understanding of the possible linkages between international trade and lct diffusion, also the implications of using the Common Concern doctrine in that regard. It begins with a brief, yet illuminating account (Section i) of the origins of technology transfer as a political agenda in the form of early attempts to negotiate a technology transfer code. Following the failure of the code negotiations, the unique expression of technology development and transfer is traced through the evolving, predominantly soft law framework of the climate regime (Section ii). It is then joined by a sweeping survey of empirical studies from various sources – to clearly understand and establish the role of markets, and economic instruments in facilitating lct diffusion (Section iii). Against the backdrop of this legal and empirical surveys, the chapter finally indulges into an assessment of the trade rules and practices pertaining to technology development and transfer (Section iv), helpful to later highlight the possible areas of action in the next chapter. Summary analyses appear at the end of each section, which then feed into the conclusion at the end of the chapter. The main contribution of this chapter is in supplying an uptodate and comprehensive regulatory and factual account – useful not only to substantiate later arguments, but also to update the reader on the current developments.","PeriodicalId":154957,"journal":{"name":"WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion","volume":" 17","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133051237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Towards a Cooperation Based Trade Action Agenda","authors":"Zakeri Ahmad","doi":"10.1163/9789004446090_005","DOIUrl":"https://doi.org/10.1163/9789004446090_005","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":0.0,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127369096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Annex – Scope of Clean Technologies","authors":"","doi":"10.1163/9789004446090_010","DOIUrl":"https://doi.org/10.1163/9789004446090_010","url":null,"abstract":"","PeriodicalId":154957,"journal":{"name":"WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion","volume":"627 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116470608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}