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Inter-Linkages : The Kyoto Protocol and the International Trade and Investment Regimes :  The Kyoto Protocol and the International Trade and Investment Regimes - W. Bradnee Chambers

Inter-Linkages : The Kyoto Protocol and the International Trade and Investment Regimes

The Kyoto Protocol and the International Trade and Investment Regimes

Paperback Published: January 2001
ISBN: 9789280810400
Number Of Pages: 281

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In 1997 delegates to the third session of the Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC), agreed by consensus to adopt the Kyoto Protocol under which industrialized countries would reduce their combined greenhouse gas emissions by an average 5.2% from their 1992 levels. To have any hope of achieving these emission reductions and averting global climate catastrophe will require a fundamental shift in the way in which energy is produced and the way it is used. Inter-linkages examines the Climate Change Convention in the context of potential synergies and conflicts that could arise between it and the World Trade Organization, international investment agreements and private and contractual trade law.

List of Tablesp. ix
List of Figuresp. ix
Forewordp. xi
Acknowledgementsp. xiii
List of Abbreviations and Acronymsp. xv
Introductionp. 1
From Kyoto to Buenos Aires and Beyondp. 7
Climate change: The issuesp. 8
The Kyoto Protocolp. 9
Unfinished businessp. 10
Prompt-start provisionsp. 13
COP 4: Charting the road aheadp. 14
Conclusionsp. 16
The Role of the Private Sector and Other Non-State Actors in Implementation of the Kyoto Protocolp. 17
Introductionp. 17
Economic trends and developments that influenced negotiation of the Kyoto Protocolp. 19
The legal basis: Key provisions of the Kyoto Protocol relating to the involvement of non-state actors in the implementation of the mechanismsp. 21
Roles for non-state actors and examples of activities undertaken by non-state actorsp. 27
Conclusionsp. 38
Bibliographyp. 39
Non-Compliance Procedures and the Climate Change Conventionp. 43
Introductionp. 43
What are "non-compliance procedures" (NCPs)?p. 44
The FCCCp. 48
NCP under the 1997 Kyoto Protocolp. 50
Mechanisms under the Kyoto Protocolp. 52
Conclusionsp. 55
Notesp. 59
Wto Rules and Climate Change: the Need for Policy Coherencep. 69
Introductionp. 69
WTO, MEAs, and climate changep. 72
WTO rules and climate changep. 77
National measures to reduce emissionsp. 81
Conclusionsp. 83
Notesp. 83
International Trade Law and the Kyoto Protocol: Potential Incompatibilitiesp. 87
Introductionp. 87
The Kyoto Protocol and potential measures affecting tradep. 89
Like products and MEAs (NT, MFN, and Article XX exceptions)p. 90
The Kyoto Protocol and potential incompatibilities with the WTOp. 99
Other trade agreements: European Union and NAFTAp. 105
Treaty compatibility: Successive treaties and Article 30 of the Vienna Conventionp. 110
Conclusionsp. 113
Notesp. 115
Greenhouse-Gas Emissions Trading and the World Trading Systemp. 119
Introductionp. 119
Why emissions trading?p. 121
Basic requirements for setting up emissions tradingp. 123
Some trade-related aspects of emissions tradingp. 126
Joint implementation with developing countriesp. 139
Conclusionsp. 142
Notesp. 144
Referencesp. 148
Greenhouse-Gas Emissions Trading and the WTOp. 153
Overviewp. 153
Introductionp. 154
Two levels of emissions tradingp. 157
WTO coverage and rulesp. 161
Interaction between WTO rules and ETS rulesp. 163
Conclusions: If and where a dispute may arisep. 182
Notesp. 185
Investing in Sustainable Development: the Potential Interaction Between the Kyoto Protocol and The Multilateral Agreement on Investmentp. 191
Introductionp. 191
The clean development mechanismp. 193
The Multilateral Agreement on Investmentp. 195
Potential interaction between the CDM and the MAIp. 197
The MAI and the non-CDM investorp. 203
The MAI and the CDM investorp. 208
MAI investor-state dispute resolutionp. 209
Conclusions: Regulating free marketsp. 210
Notesp. 212
Contractual Aspects of Implementing the Clean Development Mechanism and Other Flexibility Mechanisms Under the Kyoto Protocolp. 215
Introductionp. 215
Backgroundp. 216
The UN Framework Convention on Climate Changep. 219
The Kyoto Protocolp. 220
Implementation of the Kyoto Protocol: The CDM and other flexibility mechanismsp. 223
Standardization and CDM projectsp. 230
Conclusions and recommendationsp. 244
Notesp. 245
Summary Explanation of a Standardized Agreement for a Clean Development Mechanism (CDM) Projectp. 247
Purpose of the CDM project agreementp. 248
Construction of the CDM projectp. 249
Operational phasep. 250
Common provisionsp. 252
Renewal and/or transfer issuesp. 256
Termination of the concession periodp. 258
Disputes, laws, and rulesp. 259
Notes to Appendix 1p. 259
Contributorsp. 261
Indexp. 265
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9789280810400
ISBN-10: 9280810405
Series: Unu Policy Perspectives, 5
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 281
Published: January 2001
Publisher: United Nations University
Country of Publication: JP
Dimensions (cm): 23.5 x 15.24  x 1.91
Weight (kg): 0.41