Research Handbook on Climate Change and Trade Law
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Research Handbook on Climate Change and Trade Law

Edited by Panagiotis Delimatsis

The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.
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Chapter 13: Climate change, green paradox models and international trade rules

Roy Andrew Partain

Abstract

This chapter addresses a novel and unique danger to the functioning of international trade laws, that of ‘green paradoxes’. As such, it provides an introduction to the literature on green paradox models, provides a structural list of areas of nexus between those models and international trade laws, and suggests areas of future research. As first argued by Hans-Werner Sinn, certain regulatory elements of international climate change conventions have the potential to provide economic incentives that could, under certain conditions, lead to increases in GHG emissions and thus worsen the likelihood of adverse anthropogenic climate change. Thus the moniker of ‘green paradoxes’ i.e. ‘green policy’ environmental laws could worsen climate change conditions. The consideration of green paradox models for environmental law researchers is compounded by the additional requirements of international trade laws and conventions. In an international market, global trade and global emissions are increasingly interconnected. This chapter introduces the background and central concepts of green paradox models to a broader audience of international trade law specialists. It provides a framework of causes and potential mitigation strategies with which international trade law strategies could be coordinated with international environmental laws to allow for future green policy coordination.

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