<p>International Trade and “Embedded Emissions” after <em>KlimaSeniorinnen</em></p> - The Extraterritoriality of Climate Change Obligations

Abstract

A key and underrated aspect of the recent triad of climate rulings of the European Court of Human Rights (ECtHR) is that the ECtHR has brought to the fore the role of trade-related greenhouse gas (GHG) emissions in states’ carbon footprints. While most international climate agreements focus on the reduction of domestic GHG emissions, in the Verein KlimaSeniorinnen Schweiz and Others v. Switzerland Judgment (KlimaSeniorinnen), the ECtHR found ‘attributable’ to Switzerland the GHG emissions taking place abroad, ‘embedded’ into goods (and possibly services) ‘consumed’ in Switzerland. As I will argue, the ruling appears to require Switzerland to adopt a climate-oriented trade policy.

Keywords

• CBAM
• Climate Crisis
• climate litigation
• International Trade Law
• KlimaSeniorinnen
• trade