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(Re)framing responsibility? Assessing the division of burdens under the EU Carbon border adjustment mechanism

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Article

Dobson, Natalie L.

Utrecht Law Review

2022

18

2

162-179

climate change ; EU policy ; WTO ; dispute settlement ; decarbonization

Law

https://doi.org/10.36633/ulr.808

English

Bibliogr.

"Against this backdrop, this article assesses how the EU's framing of responsibility fits within the applicable public international law framework. First the article examines how the EU's faming of ‘responsibility' fits within the law of state jurisdiction, which conditions regulators' competence to place burdens on actors beyond their territory. It then turns to the division of responsibilities under the UN climate agreements, with a particular focus on opportunities for incorporating a more equitable differentiation of burdens in line with CBDRRC. Such differentiation would only be feasible for regulators if it could pass the obstacles posed by the law of the World Trade Organisation (WTO). Unpacking the challenges and opportunities, it is argued that these hurdles need not be insurmountable, though much would depend on the willingness of both the EU and the WTO dispute settlement body to accommodate competing trade and environmental interests."

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