Question
Redland and Brownland are both developed countries and both are members of the WTO. Redland is at the forefront of global efforts to combat climate
Redland and Brownland are both developed countries and both are members of the WTO. Redland is at the forefront of global efforts to combat climate change. It is also a party to and strong supporter of the Kyoto Protocol intended to reduce carbon emissions. Brownland, on the other hand, considers that the threat of global warming is exaggerated and refuses to engage in multilateral negotiations designed to respond to global warming issues. Among other objections, Brownland argues that major developing countries are unfairly exempt from any carbon reduction commitments under the Kyoto Protocol.
Redland companies have been lobbying the government to level the playing field as they consider it unfair that they are subject to a domestically imposed carbon tax, whereas their foreign competitors can pollute without consequences. A poll of Redland's population shows that 80 percent of Redland citizens consider imports from non-Kyoto members as 'environmental dumping' and 'unfair competition'.
After years of diplomatic efforts to entice Brownland and other countries to cut their carbonemissions, Redland determines to impose its carbon tax on domestic products and imports from all countries that have not ratified the Kyoto Protocol. The tax amounts to USD40 per ton of carbon that was emitted in the production process of each product and is calculated exactly the same way for imports and domestic products. For imports, the tax is levied at the border. For domestic products, it is to be paid at the time of shipment from the factory.
In response to Redland's tax reform, Brownland complained to the WTO. Brownland expressed the view that carbon emitted on Brownland territory is none of Redland's business and that the tax is a thinly disguised form of protectionism prohibited under the WTO rules.
Advise whether Redland's carbon tax violates GATT Article I. (Note you don't need to discuss issues related to the calculation of the carbon tax).
This response should consider only whether there has been a violation of Article I. You do not need to consider whether any exceptions might apply.
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