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Codifying Border Carbon Adjustments? Climate Clauses in EU Trade and Investment Agreements

  • Ottavio Quirico

Research output: Book/ReportReportOther

Abstract

Trade and investment agreements currently negotiated by the EU, including the EU-Australia free trade agreement (FTA), embed 'climate clauses'. This policy note briefly reviews the lawfulness of border carbon adjustments (BCAs), a key element of the environmental policy currently proposed by the EU Commission. Arguably, climate clauses embedded in trade and investment agreements codify and make explicit a consistent jurisprudence of the WTO dispute settlement bodies establishing the lawfulness of environmental exceptions to free trade. In this context, if adequately framed, BCAs afford an effective legal mechanism to implement sustainable policies.
Original languageEnglish
Place of PublicationAustralia
PublisherANU Centre for European Studies
Number of pages4
Publication statusPublished - 2020

Publication series

NameANU Centre for European Studies Policy Notes
No.2

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 13 - Climate Action
    SDG 13 Climate Action

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