- The Oxford Handbook of International Climate Change Law
- Dedication
- Foreword
- List of Abbreviations
- Notes on the Contributors
- International Climate Change Law: Mapping The Field
- Climate Change and International Law beyond the UNFCCC
- Science and Climate Change Law—The Role of the IPCC in International Decision-Making
- Economics and International Climate Change Law
- The United Nations Framework Convention on Climate Change—The Basis for the Climate Change Regime
- Compliance under the Evolving Climate Change Regime
- The Global Regime for Climate Finance: Political and Legal Challenges
- Precaution and Climate Change
- Principles and Emerging Norms in International Law: Intra- and Inter-generational Equity
- Common Concern of Humankind
- Human Rights Principles and Climate Change
- International Market Mechanisms
- Legal Frameworks for Linking National Emissions Trading Systems
- Carbon Leakage and the Migration of Private CO2 Emitters to other Jurisdictions
- National Measures and WTO Consistency—Border Measures and other Instruments to Prevent Carbon Leakage and Level the Carbon Playing Field
- The Design and Implementation of Greenhouse Gas Emissions Trading
- International Law and the Renewable Energy Sector
- Intellectual Property and Climate Change, with an Emphasis on Patents and Technology Transfer
- International Dispute Settlement
- Institutions and Expertise: The Role of Science in Climate Change Lawmaking
- Climate Change and Damages
- Human Rights and Climate Change: Broadening the Right to Environment
- Climate Change-related Displacement of Persons
- Climate, Oceans, and the Law of Special and General Adaptation
- Forestry and Agriculture under the UNFCCC: A Jigsaw Waiting to be Assembled?
- Climate Change and Disaster Law
- United States Climate Change Law
- Climate Change Policy and Law in China
- Climate Change Law and Policy in the European Union
- Climate Change Law and Policy in India
- Russian Law on Climate Change
- Brazilian Climate Change Law
- The Least Developed Countries and Climate Change Law
- Small Islands and the Big Issue: Climate Change and the role of the Alliance of Small Island States
- Index
Abstract and Keywords
This chapter examines the phenomenon of carbon leakage, which is an increase in carbon emissions as a result of businesses moving to other states without carbon reduction measures. Pursuant to the commitments established by the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol, many developed states imposed numerous greenhouse gas emission (GHG) targets, while most developing countries have not adopted any carbon reduction measures. Carbon leakage remains an area of great concern to states and industries seeking to reduce carbon emissions, as it has the potential to undermine the effectiveness of carbon reduction measures and hurt the competitiveness of the industries that decide to remain in those states. The chapter outlines the measures taken to combat carbon leakage. Specifically, it highlights carbon leakage prevention measures under the European Union Emissions Trading Scheme and under similar carbon regulation measures in South Africa and the United States.
Keywords: Climate change, Environmental disputes, Pollution, International trade
Sidley Austin
Jung-ui Sul is an associate in the Brussels office of Sidley Austin LLP.
Collette van der Ven is an Associate in the Geneva Office of Sidley Austin LLP.
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- The Oxford Handbook of International Climate Change Law
- Dedication
- Foreword
- List of Abbreviations
- Notes on the Contributors
- International Climate Change Law: Mapping The Field
- Climate Change and International Law beyond the UNFCCC
- Science and Climate Change Law—The Role of the IPCC in International Decision-Making
- Economics and International Climate Change Law
- The United Nations Framework Convention on Climate Change—The Basis for the Climate Change Regime
- Compliance under the Evolving Climate Change Regime
- The Global Regime for Climate Finance: Political and Legal Challenges
- Precaution and Climate Change
- Principles and Emerging Norms in International Law: Intra- and Inter-generational Equity
- Common Concern of Humankind
- Human Rights Principles and Climate Change
- International Market Mechanisms
- Legal Frameworks for Linking National Emissions Trading Systems
- Carbon Leakage and the Migration of Private CO2 Emitters to other Jurisdictions
- National Measures and WTO Consistency—Border Measures and other Instruments to Prevent Carbon Leakage and Level the Carbon Playing Field
- The Design and Implementation of Greenhouse Gas Emissions Trading
- International Law and the Renewable Energy Sector
- Intellectual Property and Climate Change, with an Emphasis on Patents and Technology Transfer
- International Dispute Settlement
- Institutions and Expertise: The Role of Science in Climate Change Lawmaking
- Climate Change and Damages
- Human Rights and Climate Change: Broadening the Right to Environment
- Climate Change-related Displacement of Persons
- Climate, Oceans, and the Law of Special and General Adaptation
- Forestry and Agriculture under the UNFCCC: A Jigsaw Waiting to be Assembled?
- Climate Change and Disaster Law
- United States Climate Change Law
- Climate Change Policy and Law in China
- Climate Change Law and Policy in the European Union
- Climate Change Law and Policy in India
- Russian Law on Climate Change
- Brazilian Climate Change Law
- The Least Developed Countries and Climate Change Law
- Small Islands and the Big Issue: Climate Change and the role of the Alliance of Small Island States
- Index
