The Carbon Border and the Colonial Shadow: Assessing the Legality and Equity of Climate Tariffs on Developing Nations

Abstract

The escalating climate crisis demands urgent global mitigation action. Carbon Border Adjustment Mechanisms (CBAMs) and analogous climate tariffs, primarily proposed or implemented by developed economies, aim to prevent carbon leakage and incentivize decarbonization. However, their imposition on exports from developing nations raises profound legal and ethical questions. This paper argues that while ostensibly grounded in environmental goals, such unilateral measures, when applied without adequate differentiation and support, risk constituting a modern form of "climate colonialism." It critically examines the tension between the polluter-pays principle and the principle of Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC) enshrined in the UNFCCC, juxtaposed against the non-discrimination rules of the WTO. Through analysis of legal frameworks, equity considerations, historical parallels, and case studies, the paper concludes that current climate tariff designs often fail the tests of legality under international environmental law and equity under climate justice principles. It advocates for fundamentally redesigned mechanisms incorporating differentiated treatment, financial and technological support, and multilateral cooperation to avoid perpetuating inequitable burdens and instead foster truly global, just climate action.