WTO law and trade policy reform for low-carbon technology diffusion : common concern of humankind, carbon pricing, and export credit support

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WTO law and trade policy reform for low-carbon technology diffusion : common concern of humankind, carbon pricing, and export credit support

by Zaker Ahmad

（World Trade Institute advanced studies / series editor, Thomas Cottier, v. 5）

BRILL, c2021

  • : hardback

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Includes bibliographical references (p. [288]-305) and index

Summary: "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"-- Provided by publisher

内容説明・目次

内容説明

The 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.

目次

Acknowledgments 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

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