Legal Issues on Climate Change and International Trade Law, 1st ed. 2016

This book provides an excellent overview of the legal issues surrounding climate change mitigation and international trade law. It surveys key observed and potential challenges posed by responses to climate change in terms of international trade law. By examining the controversial issues seen in legal cases in which domestic climate change or renewable energy measures conflicted with international trade regimes, this volume promotes and broadens the understanding and debate of the issues. Beyond the recognized challenges, this book uncovers potential areas of conflict between climate change responses and international trade promotion by exploring previous cases and current efforts to prevent climate change. Furthermore, this volume sheds light on the future direction of international trade law and climate change responses, pointing out that the development of climate change or renewable energy laws and policies must also consider international trade regimes in order to ensure the smooth implementation of said laws and policies and guarantee that international trade laws do not restrict environmental policy space.

Part I Climate Change Issues within the WTO: Gabrielle Marceau, The interface between the Trade and Climate Change Regimes.- Part II Domestic Climate Change Policies and the WTO: Soyoung Lee, Compatibility of Eco-labeling Scheme with WTO and its Potentially Conflicting Impacts.- Zhongxiang Zhang, The U.S. Proposed Carbon Tariffs, WTO Scrutiny and China’s Responses.- Mitsuo Matsushita, Law and Policy of Combating GHG Emission in Japan – In the Context of WTO and Bilateral Agreement.- Wenchen Shih, Taiwan’s Climate Change Mitigation Policies and their Potential Interaction with the WTO rules.- Part III Future Agenda of the trade for Climate Change Issues: Deok-Young Park and Yonjong Yoon, Making Allowances for Carbon Emission Allowances in Investor-State Disputes.- Luca Rubini, ‘The Good, the Bad, and the Ugly.’ Lessons on Methodology in Legal Analysis from the Recent WTO Litigation on Renewable Energy Subsidies.- Part IV Conclusion: Jaemin Lee, Green Subsidies and Countervailing Duty Investigations – Some Implications from Recent Examples of Korea.

Deok-Young Park is professor of International Economic Law at Yonsei Law School.