President-elect Trump emphasized pulling the United States of America (“U.S.”) out of the United Nations Framework Convention on Climate Change Paris Climate Agreement[hereinafter Paris Agreement], despite the executive agreement ratification by President Obama earlier this year. In fact, Trump called for a cease of all U.S. tax dollars payments to U.N. global climate change programs and a withdrawal from the Paris Agreement in his first 100 days in office. Contrary to Trump’s intentions, Article 28 of the Paris Agreement stipulates that a party which has ratified, as the U.S. did on September 3rd, 2016, may not withdraw from the Paris Agreement before four years. Article 28 was artfully designed to protect against potential withdrawal of support by changing Heads of States. In response to Trump, current French Presidential-nominee Sarkozy said he would demand France and the European Union (“EU”) place a one to three percent carbon tax at its border for all products coming from the U.S. The purpose of this paper is to determine whether the proposed carbon tax would be innovative, and if implemented by the EU, would it be a discriminatory measure for the carbon tax to solely be on U.S. imports.
Rashedi, Annum (2017) "Can the EU Carbon Tax the U.S. in Retaliation?," Sustainable Development Law & Policy: Vol. 17 : Iss. 1 , Article 7. Available at: http://digitalcommons.wcl.american.edu/sdlp/vol17/iss1/7