Inter-Linkages

, by Chambers, Bradnee W.; Chambers, W. Bradnee

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ISBN: 9789280810400 | 9280810405
Cover: Paperback
Copyright: 8/1/2001

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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 Tables	p. ix
List of Figures	p. ix
Foreword	p. xi
Acknowledgements	p. xiii
List of Abbreviations and Acronyms	p. xv
Introduction	p. 1
From Kyoto to Buenos Aires and Beyond	p. 7
Climate change: The issues	p. 8
The Kyoto Protocol	p. 9
Unfinished business	p. 10
Prompt-start provisions	p. 13
COP 4: Charting the road ahead	p. 14
Conclusions	p. 16
The Role of the Private Sector and Other Non-State Actors in Implementation of the Kyoto Protocol	p. 17
Introduction	p. 17
Economic trends and developments that influenced negotiation of the Kyoto Protocol	p. 19
The legal basis: Key provisions of the Kyoto Protocol relating to the involvement of non-state actors in the implementation of the mechanisms	p. 21
Roles for non-state actors and examples of activities undertaken by non-state actors	p. 27
Conclusions	p. 38
Bibliography	p. 39
Non-Compliance Procedures and the Climate Change Convention	p. 43
Introduction	p. 43
What are "non-compliance procedures" (NCPs)?	p. 44
The FCCC	p. 48
NCP under the 1997 Kyoto Protocol	p. 50
Mechanisms under the Kyoto Protocol	p. 52
Conclusions	p. 55
Notes	p. 59
Wto Rules and Climate Change: the Need for Policy Coherence	p. 69
Introduction	p. 69
WTO, MEAs, and climate change	p. 72
WTO rules and climate change	p. 77
National measures to reduce emissions	p. 81
Conclusions	p. 83
Notes	p. 83
International Trade Law and the Kyoto Protocol: Potential Incompatibilities	p. 87
Introduction	p. 87
The Kyoto Protocol and potential measures affecting trade	p. 89
Like products and MEAs (NT, MFN, and Article XX exceptions)	p. 90
The Kyoto Protocol and potential incompatibilities with the WTO	p. 99
Other trade agreements: European Union and NAFTA	p. 105
Treaty compatibility: Successive treaties and Article 30 of the Vienna Convention	p. 110
Conclusions	p. 113
Notes	p. 115
Greenhouse-Gas Emissions Trading and the World Trading System	p. 119
Introduction	p. 119
Why emissions trading?	p. 121
Basic requirements for setting up emissions trading	p. 123
Some trade-related aspects of emissions trading	p. 126
Joint implementation with developing countries	p. 139
Conclusions	p. 142
Notes	p. 144
References	p. 148
Greenhouse-Gas Emissions Trading and the WTO	p. 153
Overview	p. 153
Introduction	p. 154
Two levels of emissions trading	p. 157
WTO coverage and rules	p. 161
Interaction between WTO rules and ETS rules	p. 163
Conclusions: If and where a dispute may arise	p. 182
Notes	p. 185
Investing in Sustainable Development: the Potential Interaction Between the Kyoto Protocol and The Multilateral Agreement on Investment	p. 191
Introduction	p. 191
The clean development mechanism	p. 193
The Multilateral Agreement on Investment	p. 195
Potential interaction between the CDM and the MAI	p. 197
The MAI and the non-CDM investor	p. 203
The MAI and the CDM investor	p. 208
MAI investor-state dispute resolution	p. 209
Conclusions: Regulating free markets	p. 210
Notes	p. 212
Contractual Aspects of Implementing the Clean Development Mechanism and Other Flexibility Mechanisms Under the Kyoto Protocol	p. 215
Introduction	p. 215
Background	p. 216
The UN Framework Convention on Climate Change	p. 219
The Kyoto Protocol	p. 220
Implementation of the Kyoto Protocol: The CDM and other flexibility mechanisms	p. 223
Standardization and CDM projects	p. 230
Conclusions and recommendations	p. 244
Notes	p. 245
Summary Explanation of a Standardized Agreement for a Clean Development Mechanism (CDM) Project	p. 247
Purpose of the CDM project agreement	p. 248
Construction of the CDM project	p. 249
Operational phase	p. 250
Common provisions	p. 252
Renewal and/or transfer issues	p. 256
Termination of the concession period	p. 258
Disputes, laws, and rules	p. 259
Notes to Appendix 1	p. 259
Contributors	p. 261
Index	p. 265
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