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Accommodating the 800-Pound Gorilla: How Trade With Non-Parties Provisions Can Broaden American Participation in the 2015 Climate Agreement

January 2014

Citation: 44 ELR 10043

Issue: 1

Author: Walton C. Shepherd

As negotiators approach a new climate change agreement in 2015, they should consider an often-overlooked category of legal provisions included in other multilateral environmental agreements: the Montreal Protocol on the Ozone Layer; the Convention on International Trade in Endangered Species; and the Basel Convention on Hazardous Wastes. Each include provisions committing their Parties to restrict trade with non-Parties in substances covered by the agreement. Experience with these provisions, which differs significantly in design and implementation, offers important lessons for how such a provision might be utilized to broaden American participation and deepen ambition in a new climate change agreement.

Walton C. Shepherd is a staff attorney and energy policy advocate at the Natural Resources Defense Council in Washington, D.C.

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