Emissions Trading Schemes: Markets, States and Law

ISBN-13: 9781849464055 / Angielski / Twarda / 2013 / 228 str.

Sanja Bogojevic

Opis

Over the last four decades, emissions trading has enjoyed a high profile in environmental legal 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 conceptualizing, scrutinizing, 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 the creation of profit-centers, 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. 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 policy-makers, as well as the judiciary at the EU level. This unique book makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and it sets out a framework for analysis to sustain that reconfiguration.

Spis treści

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