International Trade and Investment Law and Carbon Management Technologies

Abstract

Reducing emissions of greenhouse gases will require the development of carbon management technologies that are not currently available or that are not currently cost-effective. While market mechanisms such as carbon pricing must play a central role in stimulating the development of these technologies, governmental policy aimed at fostering carbon management technologies and lowering their costs must also play a part. Both types of policies will form part of an optimal greenhouse gas control portfolio. This article develops a framework of international trade and investment law insofar as they may affect carbon management technologies. While it is commonly perceived that international trade law and investment law usually constrains the development of environmental policy, the flipside is often ignored. In addition to discussing how carbon management policy might be constrained, this article also identifies opportunities within the framework of international trade and investment law in which carbon management technologies might be advanced or supported.