Toward alignment of carbon standards under the Transatlantic Trade and Investment Partnership

Holzer, Kateryna (June 2014). Toward alignment of carbon standards under the Transatlantic Trade and Investment Partnership (NCCR Trade Working Papers 2014/08). Bern: NCCR Trade Regulation

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With its wide coverage of economic spheres and the variety of trade and investment measures currently under negotiation, the Transatlantic Trade and Investment Partnership (TTIP) opens windows of opportunity for climate change mitigation and adaptation. The paper examines the possible avenues and the WTO law implications for the alignment of emissions standards between the European Union (EU) and United States of America (US). Looking particularly at the automobile sector, it argues that TTIP negotiators should strive for the mutual recognition of equivalence of EU and US car emissions standards, while pursuing full harmonisation in the long term. It concludes that the preferential trade agreement (PTA) status of TTIP would not be able to exempt measures taken for regulatory convergence from compliance with applicable WTO rules, particularly the rules of the WTO’s Agreement on Technical Barriers to Trade (TBT). Furthermore, the EU and the US would not be able to ignore requests for the recognition of equivalence of third countries’ standards and would need to provide the grounds upon which they assess third countries’ standards as not adequately fulfilling the objectives of their own regulations and therefore rejecting them.

Item Type:

Working Paper

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation

UniBE Contributor:

Holzer, Kateryna

Subjects:

300 Social sciences, sociology & anthropology > 340 Law

Series:

NCCR Trade Working Papers

Publisher:

NCCR Trade Regulation

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

08 Jul 2016 14:19

Last Modified:

13 Sep 2017 16:56

Related URLs:

BORIS DOI:

10.7892/boris.84038

URI:

https://boris.unibe.ch/id/eprint/84038

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