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Proposal for a Multilateral Border Carbon Adjustment Scheme That Is Consistent With WTO Law

October 2017

Citation: 47 ELR 10829

Issue: 10

Author: Brian Chang

As the world considers how to respond to the Trump Administration’s decision to withdraw from the Paris Agreement, one possible policy response is the adoption of border carbon adjustment (BCA) schemes that are compatible with international trade law. This Comment suggests that international trade law will permit BCAs on products from the United States if such schemes are designed to avoid the World Trade Organization's prohibitions on disguised protectionism and arbitrary or unjustified discrimination.

Brian Chang graduated with a Master of Laws (LL.M. with highest honors) in International and Comparative Law from The George Washington University Law School and also holds a Bachelor of Arts in Jurisprudence from the University of Oxford. He would like to thank his tutors and editors for their guidance, and reiterate that all mistakes and views expressed are personal.

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