CLIMATE & ENERGY PAPER SERIES
2013
CHANGING CLIMATE FOR CARBON TAXES
Who’s Afraid of the WTO?
JENNIFER HILLMAN
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Te German Marshall Fund o the United States (GMF) strengthens transatlantic cooperation on regional, national, and global challenges and opportunities in the spirit o the Marshall Plan. GMF does this by supporting individuals and institu-tions working in the transatlantic sphere, by convening leaders and members o the policy and business communities, by contributing research and analysis on transatlantic topics, and by providing exchange opportunities to oster renewed commitment to the transatlantic relationship. In addition, GMF supports a number o initiatives to strengthen democra-cies. Founded in 1972 as a non-partisan, non-profit organization through a gif rom Germany as a permanent memorial to Marshall Plan assistance, GMF maintains a strong presence on both sides o the Atlantic. In addition to its headquarters in Washington, DC, GMF has offices in Berlin, Paris, Brussels, Belgrade, Ankara, Bucharest, Warsaw, and unis. GMF also has smaller representations in Bratislava, urin, and Stockholm.
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Te American Action Forum is a orward-looking policy institute dedicated to keeping America strong, ree, and prosper-ous. It seeks to promote common-sense, innovative, and solutions-based policies that will reorm government, challenge out-dated assumptions, and create a smaller, smarter government that will serve its citizens better. Te organization uses the modern tools o communications to deploy ideas; engages Americans in the debate over the boundaries o government policy, personal reedoms, and market incentives; and educates and challenges the media to explore these issues and shape the next generation o political leaders.
C C C T
W’ A WTO
C E P P SJ
Jennifer Hillman
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Jennifer Hillman is a senior transatlantic fellow at The German Marshall Fund of the United States, a partner in the law firm of Cassidy Levy Kent, and a former member of the WTO Appellate Body. The author would like to thank the following individuals for their willingness to provide comments and editorial suggestions for this paper: Alex Bozmoski, Marney Cheek, Sam Grausz, Jennifer Haverkamp, Gary Horlick, Gary Hufbauer, Joost Pauwelyn, Nigel Purvis, Catrina Rorke, Andy Shoyer, Cecilia Springer, Naboth Van Den Broeck, and Dan Zarin, along with Climate Advisers and American Action Forum, who convened this group and provided important editorial assistance.
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1The Simple Path . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Adding Complications: Equivalent Tax on Imports . . . . . . . . . . . . . . . . . . . . . . 5A Further Complication: Giving Credit Where Credit is Due? . . . . . . . . . . . . . . . 11A Final Complication: Rebates to U.S. Producers on Their Exports . . . . . . . . . . . . 13Use of Import Tax Revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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