cover of "climate trade and legitimacy"

Climate, Trade & Legitimacy

Narrating BCAs in Europe, North America and the Global South
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Border carbon adjustments (BCAs) are no longer hypothetical. The EU's Carbon Border Adjustment Mechanism (CBAM) entered full implementation in 2026, and comparable instruments are under development in the United Kingdom, Canada, Australia, and the United States. The persistence of contestation surrounding these measures, beyond their near-term economic impact, signals that what is at stake is not only a technical trade question but a broader contest over norms, responsibility, and authority. This report maps that contest through two analytical lenses: justice and sovereignty.

The justice framework is essentially distributive: who bears the cost of emissions, to whom, and according to which baseline. Developed economies deploy a commodity grammar, treating emissions as a tradable externality whose correction through carbon pricing restores competitive fairness and avoids carbon leakage. Developing economies respond with a responsibility grammar, insisting that climate burdens must reflect historical causation and developmental asymmetry. These grammars rest on fundamentally different normative baselines, and the actors deploying them select the framework whose baseline happens to favor their position.

The sovereignty framework is essentially cooperative: who defines the terms of collective climate action, and under what procedures. The EU supplements the carbon leakage defense with a universalist narrative, positioning CBAM as the building block of a multilateral carbon pricing architecture. The United States and Canada, despite a shared interest in developing BCAs of their own, contest the premise that domestic regulatory choices should be evaluated against an external benchmark. In the Global South, the objection runs deeper, filtered through the experience of conditionality and postcolonial asymmetry, and irrespective of domestic priorities, institutional capacity, or alternative approaches to mitigation.

The distinctive ambition of BCAs is to serve both logics simultaneously. They operate as a point of reconciliation between two normative orders that are structurally foreign to one another: the distributive logic of fair competition and the cooperative logic of climate governance. That ambition is not without tension: building alignment between competing interests is precisely what the measure aspires to. Despite its contested trajectory, CBAM has already accelerated the adoption of carbon pricing across a growing number of jurisdictions. This report examines how these two logics manifest in the debates surrounding BCAs, how they might coexist within a single instrument, and whether BCAs ultimately represent a productive synthesis or an unresolvable contradiction.

Product details
Date of Publication
May 2026
Publisher
Heinrich Böll Foundation Washington, DC and Chart Room
Number of Pages
76
Licence
Language of publication
English
Table of contents

Introduction 1
I. Justice: Common Burden, Competing Baselines 3
A. Fair Competition and Non-Discrimination 3
1. Commodity Grammar and Carbon Leakage 3
2. EU CBAM and the Level Playing Field 6
3. Competitive Fairness in the United States and Canada 9
B. Climate Equity and Historical Responsibility 14
1. Responsibility Grammar and Differentiated Obligations 14
2. Carbon Space and the Right to Develop 17
3. Revenue Capture and Redistribution 20
Conclusion Part I. 24
II. Sovereignty: Universal Ambitions, Fragmented Solutions 25
A. Universal Values and Standard Setting 25
1. Building the Brussels Consensus 25
2. The Case for International Legality 28
3. WTO Compatibility Under Strain 32
B. Particular Claims and Sovereign Resistance 36
1. Regulatory Overreach and Legitimacy Deficit 37
2. Regulatory Autonomy in the U.S. and Canada 40
3. Climate Conditionality in the Global South 44
Conclusion Part II. 48
General Conclusion 49
References and Bibliography 51