Karya Ilmiah
SKRIPSI (6727) - The European Union's Carbon Border Adjustment Mechanism: Its Consistency and Justification under the GATT 1994
The European Union’s Carbon Border Adjustment Mechanism (EU’s CBAM), initiated to combat carbon leakage and align with global climate goals, raises pivotal questions about its compatibility with the General Agreement on Tariffs and Trade (GATT) 1994. This undergraduate thesis provides a critical analysis of the EU’s CBAM, focusing on its potential violation of the most-favored-nation (MFN) treatment obligation under GATT 1994 and exploring the feasibility of justifying these deviations under GATT 1994’s exceptions, particularly Articles XX(b) and (g).
Employing a doctrinal research methodology, this undergraduate thesis examines the intersection of World Trade Organization (WTO) law and international law on climate change, reflecting on the broader implications of trade-related climate measures. The research findings indicate that while the EU’s CBAM may initially conflict with certain GATT 1994 provisions, appropriate justifications available under Article XX could potentially uphold its legality in the face of WTO disputes. This analysis not only contributes to the theoretical discourse on reconciling trade and environmental objectives within the WTO framework but also offers practical insights for policymakers on structuring climate change mitigation strategies that are compliant with WTO law.
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