The border adjustments of the Australian clean energy package

Deane, Felicity (2014) The border adjustments of the Australian clean energy package. International Trade and Business Law Review, 17, pp. 66-107.

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Climate change is a global challenge. For this reason, it has been suggested that a global solution is necessary. In Australia the Clean Energy Package has been introduced with a purpose of reducing Australia’s greenhouse gas emissions inventory, and responding to international obligations. This Package contains the institutional framework for an emissions trading scheme. The Package also includes amendments for other existing legal arrangements. These arrangements include a greenhouse gas emissions price on certain imported products. With this in mind the purpose of this paper is twofold. First, to consider the border adjustments and import charges of the Clean Energy Package and determine whether these comply with the rules of the World Trade Organization. Second, to analyse whether a border tax adjustment could be included in the Package for emissions intensive trade exposed (EITE) products. This paper concludes that, although the existing arrangements appear to comply with the WTO legal requirements, a border adjustment on EITE products could not be implemented in a manner that would comply with these rules.

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ID Code: 66938
Item Type: Journal Article
Refereed: Yes
Keywords: Emissions trading, World Trade Organization, Australia, Clean Energy Package, Climate change, border adjustments, international trade
ISSN: 1836-8573
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Trade Law (180117)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 GABRIEL A MOENS AND THE AUTHORS
Deposited On: 05 Feb 2014 22:28
Last Modified: 16 Jul 2015 03:17

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