Navigating green protectionism: analysing the impact of the European union carbon border adjustment mechanism on African trade

Abstract

This mini-thesis investigates the legal and policy implications of the European Union's Carbon Border Adjustment Mechanism (EU CBAM) for African trade, with a particular focus on how the measure intersects with international environmental and trade law. While the EU CBAM is presented as a legitimate climate tool designed to prevent carbon leakage and ensure fair competition, its unilateral imposition raises significant concerns for developing countries. The study critically examines whether the EU CBAM complies with the principle of Common But Differentiated Responsibilities (CBDR), a foundational tenet of international climate law embedded in the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement. It further evaluates the extent to which the EU CBAM aligns with select principles in the World Trade Organisation’s General Agreement on Tariffs and Trade (GATT), including national treatment, most favoured nation treatment, transparency and predictability and quantitative restrictions as well as its potential justification under Article XX. Using Africa as a regional case study, the thesis analyses the disproportionate burdens placed on exporters who often lack the institutional, financial, and technical capacity to meet the EU CBAM’s compliance requirements. It argues that EU CBAM may function as a form of green protectionism, restricting market access under the guise of environmental integrity. The research concludes by exploring legal and policy responses available to African states, with the aim of promoting a more equitable and development-sensitive approach to climate-related trade measures.