Emissions Trading Schemes

1. Auflage 2013
ISBN: 978-1-84946-405-5
Verlag: Hart Publishing

Buch, Englisch, 228 Seiten, Hardback, Format (B × H): 161 mm x 239 mm, Gewicht: 510 g

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.

Autoren/Hrsg.

Bogojevic, Sanja

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Regierungspolitik Umwelt- und Gesundheitspolitik
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Handels-, Wirtschafts- und Gesellschaftsrecht, Währungsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Verwaltungs-, Umwelt- und Gesundheitsrecht

Inhaltsverzeichnis

1. From Uniformity to Legal Particularities of Governance Regimes: Revising the Framework of Analysis for Emissions Trading Schemes in Law

I. Introduction

II. Emissions Trading Schemes and their High Profile in Environmental Law

III. The Importance of Methodology

2. Deconstructing Emissions Trading Discourses

I. Introduction

II. Defining Basic Concepts

III. The Three Models

IV. Evaluating and Comparing the Models

V. Applicability of the Models

VI. Conclusion

3. The EU Emissions Trading Scheme and the Importance of Legal Culture

I. Introduction

II. EU Emissions Trading Scheme

III. EU Legal Culture: Intersections between Markets, the Judiciary and Law

IV. All Together Now: International Climate Change Law, the Internal Market, EU Courts, EU Environmental Law and the EU ETS

V. Conclusion

4. Unpacking EU Emissions Trading Discourses (I): The Commission

I. Introduction

II. The Institutional Identity of the Commission and its Treatment of Emissions Trading as a Regulatory Concept

III. Mapping Models onto the Commission's EU ETS-Related Discourses

IV. Reflections

V. Conclusion

5. Unpacking EU Emissions Trading Discourses (II): EU Courts

I. Introduction

II. EU ETS Jurisprudence and the EU Courts

III. Mapping Models onto EU ETS-Related Judicial Discourses

IV. Reflections

V. Looking Ahead

VI. Conclusion

6. The 'Honeymoon' in Environmental Law Scholarship

I. Introduction

II. Defining the 'Honeymoon' in Environmental Law Scholarship

III. Why the Honeymoon in Environmental Law Scholarship Exists

IV. Reflections: Long Honeymoon, Sweet Ending?

V. Conclusion

7. Conclusions

I. Beyond Uniformity of Emissions Trading Schemes

II. Summary of Analysis

III. The End of the Honeymoon?

IV. Looking Ahead

V. Conclusion

Über Autor(innen)

Bogojevic, Sanja
Sanja Bogojevic is Fellow and Associate Professor of Law at Lady Margaret Hall and University of Oxford, UK.

Sanja Bogojevic is a Lecturer in Law at Lund University, Sweden