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International Trade and the Environment Jeffrey Frankel Harpel Professor, Harvard University  A Report for the Swedish Globalisa tion Council, Government of Sweden January 20, 2009, Stockholm

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International Trade and

the Environment

Jeffrey FrankelHarpel Professor, Harvard University

 A Report for the Swedish Globalisation Council,

Government of Sweden

January 20, 2009, Stockholm

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The anti-globalization movement

• Ten years ago some protestors at the Seattle WTOMinisterial meeting, launching the first of the big anti-globalization demonstrations, wore turtle costumes.

• They felt that a WTO panel had, in the name of free

trade, negated the ability of the US to protect sea turtles, – simultaneously undermining

national sovereignty &

 – the international environment.

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Central questions• Is trade good or bad for the environment?

• Does globalization help or hurt in achievingthe best tradeoff between environmentaland economic goals?

 – Do international trade & investment allowcountries to achieve more economic growthfor any given level of environmental quality?

 – Or do they damage environmental quality for 

any given rate of economic growth?• Do the WTO & environment conflict?

• How can globalization best be harnessed?

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Symmetric fears

• Free traders fear that talk about environmentalprotection will be used as an excuse by someeconomic sectors to gain protection for 

themselves against competition from abroad.

• Environmentalists fear that talk about free tradewill be used as an excuse to give inadequate

weight to environmental goals and excessiveweight to maximization of GDP.

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Is trade itself good or bad

for the environment?

• There are many possible effects of trade.

• They can be categorized according to

 – whether they operate• via GDP, just like investment, technology,

& other sources of economic growth, 

• or whether they are peculiar to trade alone,

and hold for a given level of GDP. – Within each category, there are effects both

• beneficial for the environment,

• and detrimental.

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Is trade itself good or bad

for the environment, in theory? 

Environmental

effects of trade via growth in

income:

for a given level of 

income :

Harmful effects larger scale of economic activity

“Race to the bottom”

in national regulation

Beneficial

effects 

shifts to cleaner 

techniques andcomposition of economic activity

“Gains from trade”:

ratcheting upstandards, consumer power innovation,

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Globalization 

Protectionism

THE IMPOSSIBLE TRINITY OF GLOBAL ENVIRONMENTAL REGULATION

Environmental 

standards National 

sovereignty  

Unregulatedemissions 

Multilateralgovernance

RACE TO

THE

BOTTOM

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SO2 concentrations tend to fall with openness,especially after controlling for democracy, cross-country

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CO2 emissions/cap tend, if anything, to risewith openness

CO2 Emissions vs. Trade Openness (ave data 1991 and 1992)

0

5

10

15

20

25

30

0 100 200 300 400

Trade Openness

   C   O   2   E   m   i   s   s   i   o   n   s   p   e   r   C   a   p   i   t   a

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But these rough correlations tell us little.

• To isolate the effect of trade on a country’s

environment, we need to control for other determinants, such as

 – income

 – democracy

 – population density.

• Econometric analysis – Frankel and Rose, 2004

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Is trade itself good or bad

for the environment, statistically?Source: Frankel and Rose, R.Ec.& Stats., 2004

Environmental

effects of 

trade (1990)

via growth in income:

 

for a given

level of 

income: 

for SO2concentrations

EKC: after an income of about$5,700/cap., further growthtends to reduce pollution

(via national regulation)

The favorableeffects of tradeseem todominate

for CO2emissions / capita 

No sign that total emissionsever turn down.

(CO2 is a global externality:little regulation is possible atthe national level)

Trade may alsoincreaseemissions evenfor a given levelof income

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Do harmful or beneficial effects of trade dominatefor environmental goals? Bottom lines:

• For SO2  – at low incomes, harmful effects (EKC) work

against beneficial effects – at high levels of income, trade helps throughboth channels.

• For CO2 

 – Even at high levels of income, trade continuesto hurt. <= Absent an effective multilateraltreaty, the popular will cannot be enacted.

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I have now updated thiseconometric analysis

• for my Swedish Globalisation Council paper --

• putting together data from 1990-2004,

• for 158 countries.

• EKC (inverted U) shows upfor PM10 & CO2 emissions, and water pollution.

• Trade still appears to worsen CO2.

•  Again, the obvious explanation is the lack of acomprehensive global climate agreement.

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We now have the Kyoto Protocol

But it lacks:• Provisions for targets in future years

• Targets for US, China & other developing countries•  An enforcement mechanism

 – including an incentive for holdouts to join, and

 – enforcement of the agreement. – Could trade sanctions be the mechanism?

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Possible application of trade barriers by EU:

Directive of the European Parliament& of the Council, Paragraph 13, amending Directive 2003/87/EC so as to improve and extend

the EU greenhouse gas emissions allowance trading system; Brussels, Jan. 2008:

• “Energy-intensive industries which are determined to beexposed to significant risk of carbon leakage could receive a

higher amount of free allocation, or 

• an effective carbon equalization system could be introduced

with a view to putting EU and non-EU producers on acomparable footing. Such a system could apply to importers of 

goods requirements similar to those applicable to installations

within the EU, by requiring the surrender of allowances.”

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Would carbon-import penalties be

compatible with the WTO?

Question (1):

GHG emissions are generated by so-called

Processes and Production Methods (PPMs).Does that rule out trade measures against them?

Question (2):

What specifics of trade control design are

appropriate?

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Precedent (1): Montreal Protocol on

stratospheric ozone depletion

• Trade controls had two motivations: 

 – (1) to encourage countries to join, and

 – (2) if major countries had remained outside,would have minimized leakage, the

migration of production of banned

substances to nonparticipating countries . – In the event (1) worked, so (2) not needed.

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Precedent (2): The true meaning of the

1998 WTO panel shrimp-turtle decision

•  New ruling: environmental measures can target,

not only exported products (Article XX),  but also partners’

Processes & Production Methods (PPMs),

• subject, as always, to non-discrimination (Articles I & III).

• US was able to proceed to protect turtles, without

discrimination against Asian fishermen.

• Environmentalists failed to notice

or consolidate the PPM precedent.

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Precedent (3): In case there is any doubt that

Article XX, which uses the phrase “health and

conservation,” applies to climate change, … 

• A 3rd precedent is relevant:

• In 2007, a WTO Appellate Body decision regarding

Brazilian restrictions on imports of retreaded tires

confirmed the applicability of Article XX(b):

• Rulings “accord considerable flexibility to WTO

Member governments when they take trade-restrictivemeasures to protect life or health… [and] apply equally

to … measures taken to combat global warming.” 

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• Central message: border measures to addressleakage need not necessarily violate sensible trade

 principles or the WTO, –  but there is a great danger that they will in practice.

• The danger: If each country imposes border measuresin whatever way suits national politics,

 –  they will be poorly targeted, discriminatory, and oftendisguisedly protectionist.

 –  they will run afoul of the WTO, and will deserve to.

• We need a multilateral regime to guide such measures.

• Some subjective judgments as to principles thatshould guide design of border measures… 

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Appropriate border adjustments could be tariffs or,

equivalently, a requirement that importers surrender tradable permits.

Guiding principles include:

• Measures should follow guidelines multilaterally-agreed among countries participating in the targets of KP & its successors.

• Judgments as to findings of fact  (who is complying, etc.) should be made by independent expert panels.

• Measures should only be applied by countries that cuttheir own emissions in line with the KP & its successors, against countries not doing so due to either refusal to join or failure to comply.

• Import penalties should target fossil fuels, and a half dozen of the most energy-intensive major industries:aluminum, cement, steel, paper, glass, and perhaps iron & chemicals. 

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Summary of conclusions

• My report considers whether globalizationhas damaged environmental goals, – either among open countries in general (through

a “race to the bottom” in environmental

regulation) or  – in certain countries (“pollution havens”).

 – Such effects are plausible in theory, but empiricalstudies of cross-country data find no detrimentaleffects of trade on some measures of environmental degradation such asSO2 air pollution, controlling for income.

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Summary of conclusions, continued

• Thus globalization and the environmentneed not necessarily be in conflict.

 – Trade & growth give countries the means toclean the air,

• provided they have effective institutions of governance in place.

• For local air pollution, the appropriategovernance is at the national level.

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Summary of conclusions, continued

• But the evidence does suggest that trade & growthcan exacerbate other measures of environmentaldegradation, particularly CO2 emissions.

• The difference can be explained by the observationthat CO2 is a global externality

 – which cannot be addressed at the national level

due to the free rider problem. – We need institutions of governance at the multilateral level.

 – These have not been in place, at least until recently. 

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The solution

• Greater international cooperation onenvironmental and trade issues,

• so that we can get the best of both.

• Very specifically, the CopenhagenConference of Parties should negotiateguidelines for penalties on carbon-

intensive imports that countries areallowed to impose on each other.

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The author acknowledges

• capable research assistance by Danxia Xie;• valuable input from Joseph Aldy, Scott Barrett,

Jagdish Bhagwati, Thomas Brewer, SteveCharnovitz, Arik Levinsohn, Gary Sampson

and Robert Stavins;• useful comments on the first draft from Pontus

Braunerhjelm, Prasanth Regy, Rob Stavins,Helena Svaleryd, and Danxia Xie;

• and support from – a Faculty Grant in Sustainability Science fromHarvard’s Center for Intenational Development,

 – as well as from the Government of Sweden. 

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 Appendices

• WTO

 – Seattle demonstrators

 – Language regarding environment

 – Panels

• Characteristics of carbon-intensive import penalties

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WTO protests.Why did they march together in Seattle?

Category of demon-strator 

Claimedconsti-tuency

True position of constituency

Protestor inturtle costume

Environ -ment

In favor of the Kyoto Protocol

Labor unionofficial

Organizedlabor 

 Against the Kyoto protocol; infavor of keeping out cheap

imports from poor countries

NGOvolunteer 

Poor countries

In favor of selling their goods torich countries; in favor of Kyotoprotocol if it exempts them from

commitments.

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Mutual respect• Drafters in Kyoto and Geneva showed more

consideration for each other than the rank & file of environmentalists and free traders.

• The Kyoto Protocol text: – Parties should “strive to implement policies and measures...to

minimize adverse effects on international trade...” ;

 – FCCC features similar language

• WTO regime is equally solicitous of the environment: –  Article XX allows exceptions for health & conservation – Preamble to 1995 Marrakesh Agreement establishing WTO

seeks “to protect and preserve the environment;”

 – 2001 Doha Communique starting new round of negotiations:“the aims of ... open and non-discriminatory trading system,and acting for the protection of the environment ... must bemutually supportive.”.

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Typical WTO panel cases

• Tariffs or other measures that discriminate againstproducers in some trading partners, – either in favor of other trading partners

(potential violation of MFN principle of Article I) or  – in favor of “like products” from domestic producers

(potential violation of national treatment provision of Article III).

• If targeted country files a WTO complaint allegingsuch a violation, the question is whether themeasure is permissible under Article XX

 – which allows for exceptions to the non-discrimination principles for environmental reasons (XXb), – provided that the measures in question are not “a means of arbitrary

or unjustifiable discrimination” or a “disguised restriction oninternational trade.” 

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I classify characteristics of possible border 

measures into 3 categories, named by color: (1) “White” category: those that

seem reasonable & appropriate.

(2) “Black” category: those that seem

dangerous, in that they are likely

to become an excuse for protectionism.

(3) “Grey” category:

those that fall in between. 

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French President Sarkozy: 

• “…if large economies of the world do not engagein binding commitments to reduce emissions,European industry will have incentives to relocateto such countries…The introduction of a parallelmechanism for border compensation againstimports from countries that refuse to committo binding reductions therefore appears essential, – whether in the form of a tax adjustment or 

 – an obligation to buy permits by importers.

• This mechanism is in any case necessary in order to induce those countries to agree on such acommitment.” letter to Barroso, January 2008

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Black (inappropriate) border measures include:

• Unilateral measures applied by countries that are notparticipating in the Kyoto Protocol or its successors.

• Judgments as to findings of fact made by politicians,vulnerable to pressure from interest groups for protection.

• Unilateral measures to sanction an entire country.

• Import barriers against products that are removed fromthe carbon-intensive activity, such as firms that useinputs that are produced in an energy-intensive process.

• Subsidies -- whether in the form of money or extra permitallocations -- to domestic sectors that are considered tohave been put at a competitive disadvantage.

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The Gray (intermediate)measures include:

• Unilateral measures that are applied in the

interim before there has been time for multilateral negotiation over a set of guidelines for border measures.

The import penalties might follow the formof existing legislation on countervailingduties (CVDs).