This article is meant to critically analyse the EU regulation on the Carbon Border Adjustment Mechanism (CBAM), which was adopted on 17 May 2023 and whose transitional period started on 1 October 2023. After highlighting the CBAM’s main features and the differences with the previous ETS system, attention will be devoted to the extra-EU scope of the Mechanism. Subsequently, the article will focus on the CBAM’s compatibility with the international climate change regime and the international trade regime. At the end of such inquiry the main conclusion reached will be that, quite paradoxically, the CBAM’s simultaneous compatibility with both regimes is possible and it can be guaranteed by fulfilling both the Regulation’s climatic objective and the principle of common but differentiated responsibilities.
Il Meccanismo UE di adeguamento del carbonio alle frontiere: punto di svolta o occasione mancata?
zorzi giustiniani, flavia
2024-01-01
Abstract
This article is meant to critically analyse the EU regulation on the Carbon Border Adjustment Mechanism (CBAM), which was adopted on 17 May 2023 and whose transitional period started on 1 October 2023. After highlighting the CBAM’s main features and the differences with the previous ETS system, attention will be devoted to the extra-EU scope of the Mechanism. Subsequently, the article will focus on the CBAM’s compatibility with the international climate change regime and the international trade regime. At the end of such inquiry the main conclusion reached will be that, quite paradoxically, the CBAM’s simultaneous compatibility with both regimes is possible and it can be guaranteed by fulfilling both the Regulation’s climatic objective and the principle of common but differentiated responsibilities.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
