Espa, IlariaIlariaEspaFrancois, JosephJosephFrancois0000-0002-4686-7780van Asselt, HarroHarrovan Asselt2024-10-112024-10-112022-11https://boris-portal.unibe.ch/handle/20.500.12422/88613This paper scrutinizes the European Union’s proposal for a carbon border adjustment mechanism (CBAM) under the rules of the World Trade Organization (WTO) and climate change law. It first examines the logic behind the CBAM as a border carbon adjustment measure, having due regard to the complex interplay between its stated carbon leakage rationale and its fair competition mechanics. It then dissects the main anticipated features of the CBAM and discusses how they may fare under both WTO law and climate change law. Finally, it identifies the most critical proposed design elements from a legal perspective and discusses possible alternatives or variations that could better align the CBAM with its climate change purpose.en300 - Social sciences, sociology & anthropology::320 - Political science300 - Social sciences, sociology & anthropology::330 - Economics300 - Social sciences, sociology & anthropology::340 - Law300 - Social sciences, sociology & anthropology::380 - Commerce, communications & transportationworking_paper10.48350/174432F. International Economics::F1 Trade::F18 Trade and EnvironmentQ. Agricultural and Natural Resource Economics • Environmental and Ecological Economics::Q5 Environmental Economics::Q56 Environment and Development • Environment and Trade • Sustainability • Environmental Accounts and Accounting • Environmental Equity • Population Growth