Research Handbooks on the WTO series
Edited by Geert Van Calster and Denise Prévost
Chapter 18: Emission trading schemes and WTO law: a typology of interactions
The relationship between Emission Trading Schemes (ETS) and WTO law has been intensively analyzed in the literature in recent years. For quite some time, analysis was either limited to rather theoretical studies or to examining the European Union Emissions Trading System (EU ETS). Moreover, the literature has generally focused on the relationship by looking at one particular ETS and one particular WTO agreement. This is changing, due to the increasing number of ETS that are being proposed or adopted. Moreover, this trend has led to the realization that ETS can in practice look very different indeed from each other, and certainly from the ‘textbook’ ETS. This should not come as a surprise, given that domestic legislators have to try and accommodate many different and sometimes opposing interests and concerns when designing an ETS.
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