climate change & trade: opportunities for cooperative action
TRANSCRIPT
CLIMATE CHANGE & TRADE: Opportunities for cooperative action
Joachim Monkelbaan
UNFCCCC COP 19, Warsaw
www.ictsd.org
• Trade = cooperative action
• How to use trade as a tool for
cooperative action for climate change?
Purpose of this presentation
WTO (Shrimp-Turtle AB report, note 23):
Trade restrictive environmental measures can be
justified if such measures have been agreed and
negotiated on a multilateral basis.
Also, they could be acceptable if they are adopted
“after serious and substantial efforts to reach an
international agreement” + co-operative efforts are
pursued to reach an agreement
Unilateral measures vs. cooperation?
International law defines cooperation duties
These duties include: warning, consultation and
information.
! There is an emerging rule of international law which
obliges States to cooperatively tackle problems for
which unilateral and uncoordinated approaches are
insufficient (e.g. climate change)
Unilateral measures vs. cooperation?
Co-operation duties in international
trade and climate change agts
Article 1 UN Charter defines as one major aim of the UN “to
achieve international co-operation in solving international
problems (…)”
Principle 7 Rio Declaration (further developing the preamble
of the 1972 Stockholm Declaration) “States shall cooperate
in a spirit of global partnership to conserve, protect and
restore the health and integrity of the Earth’s ecosystem.
(…)”
Arts. 3, 4.1, 4.2 and 7.2 UNFCCC stipulate and oblige
cooperation
Cooperation duties (cont’d) “The Berlin Mandate” (para 1 e and 1 g)
Art. 2 para. 1 (b) Kyoto Protocol
The Agreement Establishing the World Trade
Organization (Preamble): “objective of sustainable
development, seeking both to protect and preserve the
environment and to enhance the means for doing so in a
manner consistent with their respective needs and
concerns at different levels of economic development.”
2.6 Agreement on Technical Barriers to Trade (TBT):
“harmonising technical regulation”
Opportunities for cooperation
1. In WTO: clarify WTO law through interpretations, waivers
and amendments
2. In UNFCCC: multilateral process on coordinating policies
and measures (Art. 2.4 KP) or ad hoc process (Art. 13.4
KP) or of course RM Forum
3. Adopting and implementing the UNFCCC in itself does not
fulfil co-operation duties; UNFCCC itself sets a standard
for further co-operation efforts to achieve its objective
Opportunities for cooperation
4. In preferential trade agreements: chapters on climate
cooperation
5. Bilateral agreements: e.g. US-Mexico Bilateral Framework
on Clean Energy and Climate Change, US-China
cooperation, Australia-EU Partnership Framework.
‘Solar trade wars’ DS412 Canada — Certain Measures Affecting the Renewable Energy Generation Sector (Complainants: Japan and EU) 13 September 2010 DS452 European Union and Certain Member States — Certain Measures
Affecting the Renewable Energy Generation Sector (Complainant: China) 5 November 2012
DS456 India — Certain Measures Relating to Solar Cells and Solar Modules (Complainant: United States) 6 February 2013
DS443 European Union and a Member State — Certain Measures Concerning the Importation of Biodiesels (Complainant: Argentina) 2012
DS459 European Union — Certain Measures on the Importation and Marketing of Biodiesel and Measures Supporting the Biodiesel Industry (Complainant: Argentina) 15 May 2013
DS437United States — Countervailing Duty Measures on Certain Products from China (Complainant: China) 25 May 2012
Country
Product
Country Trade remedies Initiation of
investigation Measures in force
EU
Biodiesel US AD + AS 2008 2009
Biodiesel Canada AD + AS 2010 2011
Biodiesel Singapore AD + AS 2010 -
Biodiesel Argentina AD + AS 2012 2013
Biodiesel Indonesia AD + AS 2012 2013
Bioethanol US AD + AS 2011 2013
Glass fibres China AD 2009 2010
Solar panels China AD + AS 2012 2013
Solar glass China AD + AS 2013 [2013]
Peru
Biodiesel US AD 2009 2010
Australia
Biodiesel US AD + AS 2010 2010
US
Wind towers China AD + AS 2011 2012
Wind towers Vietnam AD + AS 2011 2012
Solar panels China AD 2011 2012
China
Polysilicon US AD + AS 2012 2013
Polysilicon EU AD + AS 2012 2013
Polysilicon South Korea AD + AS 2012 2013
India
Solar modules China AD 2012 [2013]
Solar modules US AD 2012 [2013]
Solar modules Malaysia AD 2012 [2013]
Solar modules Taiwan AD 2012 [2013]
Solar modules EU AD 2013 [2014]
Solar modules Japan AD 2013 [2014]
And there are still many
barriers though to
dissemination of
environmental technologies • Trade barriers: tariff and non-tariff
Therefore, ICTSD is proposing
Sustainable Energy Trade Initiatives
(SETIs) such as a
Sustainable Energy Trade Agreement