Law Commons^™

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii

John J. Barceló III

No abstract provided.

Re-Tuning Tuna? Appellate Body Report In Us – Tuna Ii, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Under the TBT Agreement, a labelling requirement can be qualified as a technical regulation, and not as a standard, even if it does not constitute a precondition for placing a product for sale on the relevant market. Examination of “no less favourable treatment” under Article 2.1 requires determining whether a measure modifies the conditions of competition in the relevant market to the detriment of imported like products, and whether such detrimental impact stems exclusively from a legitimate regulatory distinction rather than reflecting discrimination against the group of imported like products. The evaluation of whether a measure is more trade-restrictive than …

United States - Certain Measures Affecting Imports Of Poultry From China. Just Another Sps Case?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) may apply to budgetary measures if they are motivated by SPS concerns. Equivalence-based measures are subject to the regular disciplines of the SPS Agreement, including but not limited to Article 4 SPS. This means that WTO Members, when engaging in the recognition process, need to observe other SPS provisions such as the requirement of a scientific risk assessment (Articles 5.1-5.3) or the quasi-consistency obligation of Article 5.5. A measure which has been found inconsistent with certain provisions of the SPS Agreement (e.g. Articles 2 and 5) cannot be …

Reconstructing The Marketplace: The International Timber Trade And Forest Protection, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.