国际战略研究中心-迈向气候驱动的贸易议程（英文）-2021.1-48页_2mb

Summary of "Toward a Climate-Driven Trade Agenda"

Core Content

This report by Jack Caporal and William Reinsch, published by the Center for Strategic and International Studies (CSIS), explores the intersection of trade and environmental policy, emphasizing the need for a climate-driven trade agenda. It highlights how trade rules, particularly those established by the World Trade Organization (WTO), can either hinder or support global efforts to combat climate change.

Main Points

1. Trade and Climate Policy Are Interconnected

• Trade rules can unintentionally undermine climate efforts, such as by allowing protectionism to restrict access to clean technologies.
• Subsidies for clean energy may conflict with WTO rules, particularly if they are seen as prohibited or actionable.
• Climate change affects all aspects of trade and policy, from security to economic development, requiring a coordinated global response.

2. Key Trade Policy Tools for Climate Action

• Border measures (e.g., tariffs) can be used to encourage sustainability by imposing higher costs on carbon-intensive goods.
• Subsidies are a major tool for supporting green industries, but their WTO compliance is often unclear.
• Standard setting allows for the promotion of environmental regulations and conformity assessments.
• Government procurement can drive sustainable practices by favoring green products and services.
• Free Trade Agreements (FTAs) can include carveouts for environmental policy and multilateral environmental agreements (MEAs).

3. WTO Jurisprudence and Environmental Measures

• The WTO's Agreement on Subsidies and Countervailing Measures (ASCM) is central to understanding the legal status of environmental subsidies.
• Ambiguity exists in how green subsidies are defined and treated under WTO rules, leading to legal uncertainty.
• Preamble language in trade agreements can influence the interpretation of environmental measures.
• The expiration of Article 8 of the ASCM has left some environmental subsidies in gray space, potentially limiting their use.

4. U.S. Climate and Trade Policy

• The U.S. has historically used tax expenditures as the primary means of supporting renewables, accounting for 80% of federal subsidies in 2016.
• Renewable Portfolio Standards (RPS) have been used to indirectly support renewables, but their WTO compliance is still in question.
• The Biden Infrastructure and Clean Energy Plan proposes significant investments in clean energy and sustainability, but lacks specific details on direct subsidies.
• The U.S. has included environmental provisions in some FTAs, but not all, and has not yet incorporated climate change into its trade agreements.

5. The European Green Deal and Carbon Border Tax

• The European Green Deal aims to make the EU carbon neutral by 2050 and includes a carbon border tax (CBT) to prevent carbon leakage.
• The CBT is targeted at specific sectors (e.g., steel, cement) and may include exemptions for least-developed countries (LDCs).
• While the CBT could be an effective tool, it may conflict with WTO rules, particularly in terms of non-discrimination and definition of like products.
• The European Union is using FTAs to promote climate commitments and green standards, including the Paris Agreement.

6. Challenges and Opportunities

• Climate change is a global issue that requires international cooperation.
• The WTO's dispute settlement system is non-functional, which complicates efforts to resolve conflicts over green subsidies.
• Narrower plurilateral agreements may emerge if multilateral reform is not achievable, but broader reform remains a long-term goal.
• The U.S. and EU are both exploring new ways to integrate climate considerations into trade policy, but alignment and implementation remain challenges.

Key Information

• Climate change is reshaping both domestic and foreign policy, necessitating a climate-driven trade agenda.
• Trade policy tools such as border measures, subsidies, standard setting, government procurement, and FTAs can be leveraged to support climate objectives.
• The WTO's rules are outdated in some respects, requiring reform to better support climate action.
• U.S. climate policy is increasingly focused on clean energy innovation and sustainability, but trade agreements still lag in climate integration.
• The European Union is pioneering a carbon border tax, which may have trade implications and legal challenges.
• Green subsidies and environmental standards are contested areas under WTO rules, with uncertainty about their legality and impact.

Conclusion

The report concludes that while updating WTO rules is important, existing trade frameworks can still be used to advance climate goals. It recommends reform and strategic use of trade policy tools to support a green transition while minimizing conflict with WTO rules. The U.S. and EU are leading the way, but global coordination and legal clarity are essential for effective climate-driven trade policy.