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Climate Measures And WTO Law: General Comments

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Chapter Summary

The relationship between the climate change regime as an environmental and developmental regime and the world trade organization (WTO) serves in this chapter as a case example of normative interaction within a conflict scenario. From the outset, however, the legal interface between the climate regime, in particular possibilities under the Kyoto Protocol, and the WTO agreements appears extremely complex. It involves a large number of diverse legal issues, many of which are less than clear cut. The chapter concentrates on the design and use of two of the flexibility mechanisms, emissions trading and clean development mechanism (CDM), envisaged under the Kyoto Protocol. Rather than looking exclusively at existing emissions trading schemes, the chapter also assesses how prospective developments in the scope and stringency of emissions trading would interface with WTO rules.

Keywords: clean development mechanism (CDM); climate change regime; emissions trading; Kyoto Protocol; world trade organization (WTO)

10.1163/ej.9789004166974.i-428.61
/content/books/10.1163/ej.9789004166974.i-428.61
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