IMATE CHANGE & TRADE: portunities for cooperative action. Joachim Monkelbaan. UNFCCCC COP 19, Warsaw.

Transcription

1 IMATE CHANGE & TRADE: portunities for cooperative action Joachim Monkelbaan UNFCCCC COP 19, Warsaw

2 Purpose of this presentation Trade = cooperative action How to use trade as a tool for cooperative action for climate change?

3 Unilateral measures vs. cooperation? WTO (Shrimp-Turtle AB report, note 23): Trade restrictive environmental measures can be justified if such measures have been agreed and negotiated on a multilateral basis. Also, they could be acceptable if they are adopted after serious and substantial efforts to reach an international agreement + co-operative efforts are pursued to reach an agreement

4 Unilateral measures vs. cooperation? International law defines cooperation duties These duties include: warning, consultation and information.! There is an emerging rule of international law which obliges States to cooperatively tackle problems for which unilateral and uncoordinated approaches are insufficient (e.g. climate change)

5 Co-operation duties in international trade and climate change agts Article 1 UN Charter defines as one major aim of the UN to achieve international co-operation in solving international problems ( ) Principle 7 Rio Declaration (further developing the preamble of the 1972 Stockholm Declaration) States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth s ecosystem. ( ) Arts. 3, 4.1, 4.2 and 7.2 UNFCCC stipulate and oblige cooperation

6 Cooperation duties (cont d) The Berlin Mandate (para 1 e and 1 g) Art. 2 para. 1 (b) Kyoto Protocol The Agreement Establishing the World Trade Organization (Preamble): objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development. 2.6 Agreement on Technical Barriers to Trade (TBT): harmonising technical regulation

7 Opportunities for cooperation 1. In WTO: clarify WTO law through interpretations, waivers and amendments 2. In UNFCCC: multilateral process on coordinating policies and measures (Art. 2.4 KP) or ad hoc process (Art KP) or of course RM Forum 3. Adopting and implementing the UNFCCC in itself does not fulfil co-operation duties; UNFCCC itself sets a standard for further co-operation efforts to achieve its objective

8 Opportunities for cooperation 4. In preferential trade agreements: chapters on climate cooperation 5. Bilateral agreements: e.g. US-Mexico Bilateral Framework on Clean Energy and Climate Change, US-China cooperation, Australia-EU Partnership Framework.

9 Solar trade wars DS412 Canada Certain Measures Affecting the Renewable Energy Generation Sector (Complainants: Japan and EU) 13 September 2010 DS452 European Union and Certain Member States Certain Measures Affecting the Renewable Energy Generation Sector (Complainant: China) 5 November 2012 DS456 India Certain Measures Relating to Solar Cells and Solar Modules (Complainant: United States) 6 February 2013 DS443 European Union and a Member State Certain Measures Concerning the Importation of Biodiesels (Complainant: Argentina) 2012 DS459 European Union Certain Measures on the Importation and Marketing of Biodiesel and Measures Supporting the Biodiesel Industry (Complainant: Argentina) 15 May 2013 DS437United States Countervailing Duty Measures on Certain Products from China (Complainant: China) 25 May 2012

10 Country Product EU Country Trade remedies Initiation of investigation Measures in force Biodiesel US AD + AS Biodiesel Canada AD + AS Biodiesel Singapore AD + AS Biodiesel Argentina AD + AS Biodiesel Indonesia AD + AS Bioethanol US AD + AS Glass fibres China AD Solar panels China AD + AS Solar glass China AD + AS 2013 [2013] Peru Biodiesel US AD Australia Biodiesel US AD + AS US Wind towers China AD + AS Wind towers Vietnam AD + AS Solar panels China AD China Polysilicon US AD + AS Polysilicon EU AD + AS Polysilicon South Korea AD + AS India Solar modules China AD 2012 [2013] Solar modules US AD 2012 [2013] Solar modules Malaysia AD 2012 [2013] Solar modules Taiwan AD 2012 [2013] Solar modules EU AD 2013 [2014] Solar modules Japan AD 2013 [2014]

11 And there are still many barriers though to dissemination of environmental technologies Trade barriers: tariff and non-tariff

12 Therefore, ICTSD is proposing Sustainable Energy Trade Initiatives (SETIs) such as a Sustainable Energy Trade Agreement

13 Thank you!