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 15: EU climate law and the WTO

Emily Reid

Abstract

This chapter explores the underlying premises of EU climate law, how they impose themselves upon the relationship between EU climate law and EU trade law, and their bearing upon the relationship between EU climate law and WTO trade rules. The first part of the chapter outlines EU climate law measures and examines their underlying rationale. The second part locates EU climate law within the EU legal order, highlighting its key features and emphasizing the significance of the interrelationship between economic and environmental policy. This focus upon the relationship between environmental and economic policy continues in the third part, which analyses the relationship between EU climate law and other EU law. The interaction of climate law and the trade liberalization rules of the internal market is explored, with a particular analytical focus upon Court of Justice jurisprudence relating to renewable energy. Having identified key features of the EU approach, attention shifts to assessing the impact of the EU’s WTO obligations upon EU climate law. The key WTO provisions and their application are subsequently examined in the light of the above analysis, and some final conclusions and reflections are set out with regard to the relationship between WTO law and climate law.

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