1 - The EU as an International Actor in Trade, Climate and Investment Regimes Flashcards
(30 cards)
What topics does this lecture about the EU as an international actor touch upon? (3)
1/ nature and role of EU as international actor in areas of trade, climate and investment
2/ EU main constitutional and policy objectives in these areas
3/ means by which EU seeks to achieve these objectives
What does IPCC Synthesis Report of 2023 expose? (5)
1/ continued increase in GHG emissions
2/ global warming is 1.1°C above pre-industrial levels
3/ heatwaves, heavier rainfall and other weather extremes
4/ food and water insecurities
5/ emissions should be decreasing now and will need to be cut almost half by 2030 if warming is to be limited to 1.5°C
What are downsides of relying on data regarding emissions per capita? (5)
1/ does not take into account historical emissions
2/ individualising the problem?
3/ does not include companies
4/ may lead to carbon leakage
5/ redistributive effect
What is a main difficulty and problem today regarding carbon emissions? (2)
1/ what is a fair share in the carbon budget?
2/ how can we distribute emissions fairly among all?
What has a tremendous impact on the reduction of carbon emissions? (2)
1/ the rate at which we chose to reduce emissions
2/ linked to choice of budget and trajectory
Considerations on EU objectives regarding climate change, trade and investment? (2)
1/ EU wishes to be a global leader regarding climate change
2/ appears to support theory of win-win of climate goals and economic growth
What are examples of international initiatives regarding regulation of envt and role EU (failure, success)? (3)
1/ Copenhagen 2009: failure
2/ Paris 2015: triumph
3/ Sharm el-Sheikh 2022: unclear, mixed feelings
EU approach and consequences at Copenhagen in 2009? (4)
1/ EU wanted a top-down approach with centralised mechanism for distribution of mitigation measures
2/ EU in favor of global rules-based system and multilateralism
3/ but ultimate failure of EU to exercise global leadership
4/ EU put itself into a straightjacket and was unable to move away from the polycentric position agreed upon in Brussels
Why can Paris 2015 be considered a triumph? (3)
1/ adoption of NDCs
2/ aims and objectives of EU seemingly shifted, prevalence of sovereignty
3/ now, only normative expectation that States will avoid crossing a certain amount of emissions but no binding obligation to do so
To what extent can Sharm el-Sheikh 2022 be considered a success? What are criticisms? (4)
1/ adherence to idea of Carbon Capture and Storage (CCS)
2/ in favor of continuing current lifestyles and trust in dvpt of future technical solutions to solve pbs generated by global warming
3/ new commitments on financial loss and damage: both mitigation and adaptation via Loss and Damage Fund
4/ big criticism linked to fact that leader of talks was president of big fossil fuel company
What are institutions and instruments for global climate governance? (7)
1/ UNFCCC (approx. 200 States parties)
2/ COPs
3/ IPCC
4/ Paris Agreement (2015)
5/ Glasgow Climate Pact (2021)
6/ Kyoto Agreement (1997)
7/ NDCs
Examples of international governance failures in areas of climate, trade and investment? (4)
1/ WTO
2/ UNCLOS
3/ UN
4/ 2030 UN Sustainable Dvpt Agenda (SDA) = utopia?
Why can WTO be considered as global governance failure? (4)
1/ inability to reach new agreements
2/ failure DS system
3/ pressure on idea that trade leads to democracy and well-being
4/ current WTO system does not take into account externalities of trade (planetary boundaries to ever more trade?)
Why can UNCLOS be considered a global governance failure? (2)
1/ although compulsory adjudication to enforce LOS
2/ failure as UN body to seriously counter ocean acidification and plastic continents
Why can UN be considered a global governance failure?
Inability to uphold system of international peace and security it is set out to achieve
Why can 2030 UN SDA be considered an utopia? (4)
1/ cf also ICESCR, ICCPR, papers with statements of intention
2/ no universal application
3/ no compelling enforcement mechanisms
4/ ultimate failure to install a system of rights which effectively functions
What does Prof. Eckes suggest in response to global governance failures? (2)
1/ move to the more local
2/ take back some form of local political control
What are major EU policies in area of climate, trade and investment? (4)
1/ Emission Trading System (ETS)
2/ EGD
3/ string of legislative acts and proposals
4/ narrow focus on sectors, what is the role of public authorities and money?
What does ETS consist of? (5)
1/ system based on allowances to emit GHG
2/ market-based system: allowances can be traded
3/ allowances linked to size of industry
4/ when there is an allowance overflow, prices go down => does this encourage emissions?
5/ ETS depicts EU idea that market is central and essential
Considerations on EGD? (4)
1/ commitment to leading the EU to an envtal and political transition
2/ contains high-flying policy goals
3/ EC proposals for legislation putting policy goals into effect
4/ aim: cut of 55% emissions by 2030, climate neutrality in 2050
What is the legal context of EU trade agreements? (4)
1/ Arts. 3(5) TEU, 21 TEU
2/ Arts. 207, 218 TFEU
3/ exclusive EU competence for CCP
4/ shared competence for ISDS
What do Arts. 3(5) TEU and 21 TFEU enshrine? (5)
1/ constitutional commitments
2/ to contribute to SD
3/ to eradicate poverty
4/ to contribute to IL
5/ multilateralism
What do Arts. 207 and 218 TFEU touch upon? (3)
1/ relevant to understand how international agreements are concluded
2/ much more technical
3/ NB: starting point for any EU action is always competence and pcple of conferral
Considerations on TSD chapters? (6)
1/ in substance, TSD chapters do very little in terms of really advancing normative commitments
2/ reaffirm existing commitments
3/ no enforcement mechanisms
4/ civil society consultations
5/ economic framework with sustainable decoration?
6/ no trade-offs necessary?
