Análise socioeconômica sobre as origens das mudanças climáticas : a exploração da convergência jurídica entre o regime climático global e o regime internacional do comércio como possibilidade para o enfrentamento da instabilidade climática
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| Publication Date: | 2025 |
| Format: | Master thesis |
| Language: | por |
| Source: | Repositório Institucional da UPF |
| Download full: | https://repositorio.upf.br/handle/123456789/9595 |
Summary: | In view of the environmental and climate crisis, which is also a unequivocally humanitarian crisis, and the incipient issues concerning the production and consumption methods of the global market, which demand, especially in the sphere of international cooperation, the intersection between the global climate regime and the international trade regime, knowing its primary objective is to examine the socioeconomic origins, moving away from the excessively anthropocentric perspective, of climate change and to envisage international trade as a tool for confronting it. In this way, we seek to investigate the possibility of international trade, through carbon pricing in the border region, offering one of the alternatives for addressing climate change on a global scale. To that end, after tackling certain historical processes inextricably linked to the developmentalist and capitalist rationale underlying the climate crisis – such as colonialism, mercantile expansion, imperialism, and industrialization – this study delineates the intersection between ecology and economy by analyzing the structures of the international regime aimed at combating climate change and of the international trade regime.In view of the TO’s jurisprudential understanding, it becomes evident that trade rules may conflict with the objectives and targets of international climate treaties, such as the UNFCCC and the Paris greement, particularly as regards fostering robust and effective environmental policies in the fight against climate change. This tension often leads to an overemphasis on divergences that obscure possible convergences, leaving ambiguous the recourse to unilateral trade measures for environmental and climatic ends. Nonetheless, investigating the legal synergy between these respective regimes proves invaluable in mitigating the apparent conflict between the international trade regime and the global climate regime. Such indications come to the fore when the EUCBAM is scrutinized structurally and its compatibility with GATT provisions and, especially, with the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDRRC), is duly considered. The present research adopts a deductive logical method, whereby the investigative techniques employed include the indirect documentation of written records—drawing on public archives as well as statistical data regarding economic and social factors—and bibliographic research, based on books, scientific articles, legislation, international treaties, resolutions, directives, reports, and other institutional documents. The procedural framework of this study is chiefly monographic in nature; however, it further avails itself of historical and comparative methods. This research was conducted within the scope of the Master’s Program in Law (PPGD/UPF) at the University of Passo Fundo, concentrated on Constitutional Jurisdiction and Democracy. |