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Legal Aspects Of Carbon Trading

Author: David Freestone
Publisher: Oxford University Press
ISBN: 0199565937
Size: 72.29 MB
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Since 2005 the carbon market has grown to a value of nearly $100 billion per annum, including the EU Emissions Trading Scheme and other schemes. This work covers the legal aspects of these schemes, as well as reform of the ETS, and the successor regime to the 1997 Kyoto Protocol currently being negotiated. It will be invaluable to those involved in the field.

Rechtsfragen Der Verkn Pfung Von Emissionshandelssystemen

Author: Barbara Volmert
Publisher: kassel university press GmbH
ISBN: 3737601364
Size: 55.13 MB
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Das umweltökonomische Instrument Emissionshandel erfreut sich weltweit zunehmender Beliebtheit als Maßnahme zum Klimaschutz. Die Einführung eines globalen Emissionshandelssystems erscheint zum gegenwärtigen Zeitpunkt jedoch politisch nicht durchsetzbar. In Anbetracht des Handlungsdrucks in Bezug auf die Minderung von Treibhausgasemissionen und aufgrund von ökonomischen Vorteilen bietet sich die Verknüpfung bereits bestehender supranationaler, nationaler und regionaler Systeme als Alternative an. Die vorliegende Arbeit geht aus rechtlicher Perspektive der Frage nach, ob und wie verschiedene Emissionshandelssysteme miteinander verbunden werden können. Die Arbeit untersucht daher die Rechtsfragen der Verknüpfung von Emissionshandelssystemen. Diese reichen von der Vereinbarkeit einer Verknüpfung mit dem internationalen und dem nationalen Recht über die Abschätzung von Folgen einer Verknüpfung auf die Zielerreichung bis zur Vereinbarung einer Verknüpfung etwa durch internationale Verhandlungen und zu der Durchführung der Verknüpfung selbst. Dabei stellen sich diese Fragen nicht nur in der Theorie, sondern sie werden ausgehend vom Recht der Europäischen Union auch konkret für Verknüpfungen zwischen dem europäischen System und anderen nationalen, regionalen und lokalen Emissionshandelssystemen beantwortet.

Emissions Trading Schemes

Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
ISBN: 1782251650
Size: 73.71 MB
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Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of the discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading regimes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This book shows that this view is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, substituting bureaucratic control of resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed, and which trusts the emissions market, the state and rights in emissions allowances with distinct roles. Second, the governance structures of emissions trading regimes are culture-specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading, as featuring in emissions trading scholarship and in debates involving law and policymakers and the judiciary at the EU level. Ultimately, this book makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.

Criminological And Legal Consequences Of Climate Change

Author: Stephen Farrall
Publisher: Bloomsbury Publishing
ISBN: 1847319203
Size: 80.97 MB
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This edited collection, the result of an international seminar held at the International Institute for the Sociology of Law, Oñati, Spain in 2010, explores the potential legal and criminological consequences of climate change, both domestically and for the international community. A novel feature of the book is the consideration given to the potential synergies between the two disciplinary foci, thus to encourage among legal scholars and criminologists not only an analysis of the consequences of climate change from these perspectives but to bring these fields together to provide a unique, inter-disciplinary exploration of the ways in which climate change does, or could, impact on our societies. Such an inter-disciplinary approach is necessary given that climate change is a multifaceted phenomenon and one which is intimately linked across disciplines. To study this topic from the point of view of a single social science discipline restricts our understanding of the societal consequences of climate change. It is hoped that this edited collection will identify emerging areas of concern, illuminate areas for further research and, most of all, encourage future academic discussion on this most critical of issues.

The International Law Of Property

Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Size: 42.54 MB
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Compliance With The Eu Ets

Author: Sophia Künze
Publisher: GRIN Verlag
ISBN: 3656328803
Size: 79.84 MB
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Master's Thesis from the year 2012 in the subject Law - Miscellaneous, Maastricht University (Faculty of Law), course: Environmental Law, language: English, abstract: [...] Subject of the examination of the paper is the system of enforcement the EU ETS provides in the field of monitoring, reporting and verifying by analyzing the compliance tools and by taking the German implementation as an example to review problems and case law of the first trading periods. Since a sound system of enforcement provided by the EU-ETS to ensure compliance is extremely important, the second chapter of this thesis will review the mechanism foreseen in the directive, the so-called compliance cycle, which is based on monitoring, reporting and verifying; taking into account also the enforcement system’s unique characteristics in contrast to other environmental law instruments. After documenting the obligation of the operators of the installations covered by the directive have, like monitoring and constantly reporting on their emission in order to achieve the permission to emit, possibly appearing problems will be shown. Since the member states themselves are in charge of enforcement and therefore control the obligations of operators and verifier provided in the Directive 2003/87 in connection with the Monitoring and Reporting Guidelines of the Commission, in the third chapter of this thesis a case study will show how this challenge is implemented practically on the German example. More specifically, after analyzing the framework given by the EU in the Directive 2003/87, it will be analyzed throughout the third chapter how the German legislator coped with the challenge of implementing an effective system and what possible weaknesses are detected. Moreover, it will be reviewed what problems the operators have been facing in the first trading periods and also how the German authorities dealt with upcoming challenges. Due to the different operators and the different steps within the compliance cycle, different defects at different levels may appear: incomplete or incorrect data can be forwarded by the installation operators, verification by the private verifier could be biased in favor for one party and installations can emit more than they are allowed to. Additionally case law will show what role the courts in the compliance system play and how their decisions influenced the development of the enforcement system in Germany. At last section four of this article provides some concluding remarks.

Beyond Copenhagen

Author: Great Britain. Department of Energy and Climate Change
Publisher: The Stationery Office
ISBN: 9780101785020
Size: 49.12 MB
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This plan sets out the Government's belief that the low carbon transformation can be a major driver of economic growth and job creation - in the UK, in Europe and globally. In it the UK Government makes clear that: it wants to build on the strengths of the Kyoto Protocol, and is open to extending that agreement as a way of getting the legal deal needed; it is in favour of strengthening the UN decision making process that was so frustrating at Copenhagen; it is pushing for the EU to increase its plans to cut emissions in line with comparable moves elsewhere, supporting the European Commission's work to identify the practical steps that would be required to implement a 30 per cent reduction target. The Action Plan builds on the Copenhagen Accord, in which countries have put forward actions that, if delivered in full, would see global emissions peak before 2020.