Global climate regulation and border adjustment mechanisms: the case of carbon importers inclusion in the european trading scheme

The creation of an inclusion mechanism applied to imports whose production process increases significantly the global climate risk is looked upon as a solution to a collective-action problem. Such a mechanism would provide those States that will sign the next United Nations Convention on Climate Change with a potential remedy if and when gaps between quantified objects, to which all are committed, entail significant competition distortions. Whether this mechanism assumes the form of an external carbon tax or consists in including importers in the European system of CO2 quota exchanges, it would surely respond to the re-distributive need generated by global warming, provided that the proceeds are used to help bring industrial production in developing countries up to standard. These restrictive measures aimed at preserving the planet are probably compatible with the extraordinary regimes applied by the WTO, which already uses exogenous non-trade norms to arbitrate conflicts. This would validate further the legitimacy of authority transfers onto the WTO, whose scope of legal authority increases constantly, along with that of conflicts that stem from collective preferences. (author)