Emissions trading schemes : markets, states and law
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Bibliographic Information
Emissions trading schemes : markets, states and law
Hart, 2013
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Originally issued as the author's thesis (Ph.D.)--University of Oxford, 2011
Includes bibliographical references (p. [181]-201) and index
Description and Table of Contents
Description
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.
Table of Contents
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
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