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International Trade

As countries fulfill their commitments to the Paris Climate Agreement and engage in climate change mitigation policies and domestic decarbonization strategies, governments must ensure their policies comply with their trade obligations. The chapter provides a brief overview of key areas where international trade rules may impact U.S. policies geared toward decarbonization. It focuses primarily on the policies needed for decarbonization, as outlined in the DDPP reports, that are connected to international trade rules, with the goal of finding ways of using the international trade legal framework as another tool for encouraging, rather than inhibiting, decarbonization efforts at the national level. Part II sets out the policy tools promoting decarbonization most likely to implicate or conflict with trade rules. Part III provides a primer on the main trade rules that intersect with decarbonization tools, such as border tax adjustments, subsidies, labeling schemes, and local content requirements (LCRs). Part IV examines specific cases where decarbonization has led to trade law conflicts as well as recommendations for decarbonization strategies that are trade compliant and avoid such conflicts in the future. Part V considers preferential trade agreements as an alternative way that trade policymakers and regulators may work together toward decarbonization.

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45 resources

Resource Congress

Report, Optimal environmental border adjustments under the General Agreement on Tariffs and Trade

Iowa State University’s Economics Dept. authored a 2018 paper, Optimal environmental border adjustments under the General Agreement on Tariffs and Trade, arguing that border adjustments should be pric...

Resource Executive Branch

RFF Report, Policy Guidance for US GHG Tax Legislation and Regulation: Border Tax Adjustments for Products of Energy-Intensive, Trade-Exposed and Other Industries

This report describes how border adjustments set up around a greenhouse gas tax and an appropriately designed greenhouse gas index can be framed in a fashion analogous to value added taxes (VAT) that ...

Resource Congress

Report, Effect of subsidies to fossil fuel companies on United States crude oil production

A 2017 study in Nature Energy finds that, at recent oil prices of $50 per barrel, tax subsidies push nearly half of new, yet-to-be-developed oil investments into profitability, potentially increasing ...

Resource Executive Branch

Ecolabel Index

The Ecolabel Index catalogs over 200 different ecolabel programs in the United States.

Resource Private Entities

Model Net Zero Target Supply Chain Cascade Clauses

Many businesses and organisations are publicly announcing targets to be net zero by a particular date, not just in their own operations, but including emissions upstream in their supply chains and dow...

Resource Congress

Report, A Minilateral Solution for Global Climate Change

The London School of Economics’ 2016 paper, A Minilateral Solution for Global Climate Change, assesses the strength of limited “climate clubs” among progressive nations, arguing that they can enhance ...

Model Law Congress

LPDD Model Law: Federal or State Carbon Labeling Act

Carbon footprint product labels could influence consumers to make environmentally friendly choices without substantial effort on their part, by providing more information than the consumer has at pres...

Resource Congress

Proposed American Clean Energy and Security Act of 2009

The proposed American Clean Energy and Security Act of 2009 (“Waxman-Markey”) would have included a form of border carbon adjustment at Section 401 of Part IV of the bill. The proposed adjustment meas...

Resource Congress

Model Environmental Heads of Terms

Heads of Terms for a commercial transaction are preliminary terms that drive many of the workflows and set the tone and spirit of a negotiation. The Chancery Lane Project, a collaborative effort of UK...

Model Law Congress

LPDD Model Law: Removal of Favorable Tax Treatment for Coal

The attached model bill and supporting memorandum propose amendments to the Internal Revenue Code to eliminate favorable treatment of coal mining and production, as recommended in Chapter 4 of the LPD...

Resource Congress

Report, Designing Border Carbon Adjustments for Enhanced Climate Action

Climate Strategies’ 2017 paper, Designing Border Carbon Adjustments for Enhanced Climate Action, reviews past border carbon adjustment proposals and offers design principals and recommendations on que...

Resource Congress

OECD report, United States Self-Review of Fossil Fuel Subsidies

The U.S.’s 2015 report to the OECD catalogs producer and consumer subsidies for fossil fuels and argues that fossil fuel subsidies in the U.S. amount to roughly $8.7 billion. These estimates are lower...

Resource Congress

Proposed Off Fossil Fuels for a Better Future Act (H.R. 3671)

2018’s proposed H.R. 3671 would have amended several sections of the Internal Revenue Code of 1986 to eliminate subsidies aimed specifically at the fossil fuel industry.

Example States and State Governments

California’s Endorsement of a Fossil Fuel Nonproliferation Treaty

Through SJR 2, the California legislature made a significant show of public support for the United States to endorse an international Fossil Fuel Nonproliferation Treaty. The resolution supports a glo...

Resource Private Entities

Model Green Supplier Agreement Terms

The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model green procurement checklist and clause to ma...

Example Congress

EU-Japan Economic Partnership Agreement

The EU-Japan Economic Partnership Agreement incorporates provisions on environmental protection and sustainable development, including provisions addressing climate change mitigation.

Example States and State Governments

California ETS Border Carbon Adjustment

California’s emissions trading system requires carbon border adjustments for imports of electricity from jurisdictions without a carbon trading framework. First deliverers of imported electricity are ...

Resource Foreign

ISO 14024

The International Organization for Standardization’s Standard 14024 (2018) provides international ecolabeling standards that are generally favored in WTO jurisprudence.

Example Congress

EU-Canada Comprehensive Economic and Trade Agreement

The EU-Canada Comprehensive Economic and Trade Agreement contains a chapter on the environment that holds that a lack of full scientific evidence should not be a reason for not protecting the environm...

Resource Executive Branch

EPA Recommended Ecolabels for Federal Purchasing

EPA’s Recommended Ecolabels for Federal Purchasing are intended to help federal purchasers efficiently and effectively identify and procure environmentally sustainable products and services to meet th...

Resource Congress

Report, Dirty Energy Dominance

Oil Change International’s 2017 report, Dirty Energy Dominance, catalogs federal and state fossil fuel subsidies, and identifies opportunities to eliminate them. Appendix 1 provides a complete list of...

Resource Congress

IPCC’s AR-5 Chapter 13

The IPCC’s AR-5 Chapter 13 provides an overview of climate agreements and instruments, including a discussion of game theory implications, multilateral and bilateral agreements, regional cooperation, ...

Resource Private Entities

Model Termination for Greener Supplier Clause

The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model standard clause in merchant-customer contrac...

Resource Congress

Report, Multilateral Climate Efforts Beyond the UNFCCC

C2ES’s 2011 paper, Multilateral Climate Efforts Beyond the UNFCCC, discusses venues for forwarding climate negotiations outside the Paris Agreement, including the International Maritime Organization, ...

Resource Private Entities

Model Carbon Contract Clause for Environmental Performance

If a breach of contract causes or contributes to the customer to miss its GHG targets, this has negative climate impacts and may be hard to quantify and evidence the loss caused to the injured party i...

Resource Private Entities

Model Green Termination Provision

The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model standard clause in merchant-customer contrac...

Resource Private Entities

Model Environmental Warranties in Undertaking/Sponsor Agreements

Warranties and undertakings in underwriting and sponsor agreements are not required to go into significant and granular detail as regards an applicant/issuer’s environmental position and climate chang...

Resource Foreign

WTO 2016 Decision on Certain Measures Relating to Solar Cells and Solar Modules

The WTO’s 2016 decision against India invalidated solar policies for having discriminatory local content rules. The decision contours certain attributes to avoid in designing local content rules. The ...

Resource Foreign

Global Ecolabelling Network

The Global Ecolabelling Network supports the development of third-party certified ecolabeling systems, such as ISO 14024, while also supporting other types of self-declaration and voluntary programs. ...

Model Law States and State Governments

LPDD Model Law: State Provision to Promote Local Employment in Decarbonization Policies

This Model Provision provides a regulatory framework to use decarbonization policy to promote local employment without resorting to protectionist measures that run afoul of international trade rules. ...

Resource Private Entities

Model Clause on Supplier Environmental Threshold Obligations

The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model clause setting legally enforceable environme...

Resource Congress

Proposed Clean Energy for America Act (S. 1288)

Introduced in May 2019, S.1288 would amend the Internal Revenue Code to replace the 44 existing energy tax credits with three technology neutral tax provisions that would incentivize the use of low an...

Example Congress

Proposed Foreign Pollution Fee Act

Introduced in November, 2023, the proposed Foreign Pollution Fee Act marks a rare Republican proposal to price carbon pollution — from foreign imports. The new bill would impose a fee on certain indus...

Resource Congress

Report, Fossil Fuel Subsidies: A Closer Look at Tax Breaks and Societal Costs

EESI’s 2019 report, Fossil Fuel Subsidies: A Closer Look at Tax Breaks and Societal Costs, identifies eight different active direct and indirect fossil fuel subsidies in the tax code, as well as recen...

Resource Congress

Report, Changing Climate for Carbon Taxes: Who’s afraid of the WTO?

The German Marshall Fund’s 2013 paper, Changing Climate for Carbon Taxes: Who’s afraid of the WTO?, explores the basic architecture of a carbon border tax adjustment, as well as complications includin...

Resource Congress

Report, Greenprint

Chapter 5 of the Center for Global Development’s 2012 paper, Greenprint, models the impacts of four different carbon border adjustment policy scenarios.

Resource Foreign

UNEP report, Measuring Fossil Fuel Subsidies in the Context of Sustainable Development Goals

A 2019 UNEP report, Measuring Fossil Fuel Subsidies in the Context of Sustainable Development Goals, details an internationally accepted methodology that will help countries make their fossil fuel sub...

Resource Congress

Report, Framework Proposal for a US Upstream Greenhouse Gas Tax with WTO-Compliant Border Adjustments

Resources for the Future’s 2018 paper, Framework Proposal for a US Upstream Greenhouse Gas Tax with WTO-Compliant Border Adjustments, proposes a framework for a US climate policy with border adjustmen...

Resource Executive Branch

FTC Ecolabeling Green Guides

The Federal Trade Commission’s Green Guides are intended to help ensure that marketing claims regarding the environmental attributes of products are truthful and substantiated. These guides largely ad...

Resource Congress

Report, Eliminating Fossil Fuel Subsidies

The Hamilton Project’s 2013 report, Eliminating Fossil Fuel Subsidies, identifies twelve provisions in the tax code that subsidize activities associated with the production of fossil fuels that impose...

Resource Foreign

WTO 2013 Decision on Certain Measures Affecting the Renewable Generation Sector and Relating to the Feed-In Tariff Program

The WTO’s 2013 decision against Ontario invalidated a renewable energy feed-in tariff for having discriminatory local content rules. The decision contours certain attributes to avoid in designing loca...

Example Executive Branch

Clean Air Act §115

Clean Air Act §115 allows EPA to regulate any air pollutant on which there have been studies from an duly constituted international agency; for which US emissions endanger public health or welfare in ...

Resource Congress

Report, Making Border Carbon Adjustments Work in Law and Practice

The Tax Policy Center’s 2018 paper, Making Border Carbon Adjustments Work in Law and Practice, addresses issues relating to the creation of border carbon adjustments as part of a carbon tax, including...

Resource Foreign

EU Carbon Border Adjustment Mechanism

After several years of development, in April 2023, the European Parliament approved a Carbon Border Adjustment Mechanism (CBAM). In essence, the CBAM will tax the import of products that would be subj...

Resource Foreign

WTO 2019 Decision on Certain Measures Relating to the Renewable Energy Sector

The WTO’s 2019 decision against the United States invalidated renewable energy policies in Washington, California, Connecticut, Minnesota, Montana, Massachusetts, Michigan and Delaware for having disc...