distributional choices in eu climate change law and policy towards a principled approach

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Distributional Choices In Eu Climate Change Law And Policy

Author : Javier De Cendra de Larragán
ISBN : 9789041133373
Genre : Political Science
File Size : 39. 40 MB
Format : PDF
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Climate change policy inevitably has two core components: the goals, and the means chosen to pursue those goals. Decisions on goals and means necessarily have distributional consequences. Any policy choice generates winners and losers. While this outcome cannot be avoided - even doing nothing leads to distributional consequences - policymakers can, through the choice, design and implementation of policies, shape to some extent the distribution of the burdens of mitigation and adaptation to climate change. In greater depth than any previous legal study in the field, this book deals with the way in which the European Union (EU) has dealt with climate change and with the distribution of the benefits and costs of climate change mitigation policies among affected parties. With extraordinary thoroughness the author assesses the legality of choices made (particularly concerning mitigation targets and timelines), and examines the role that legal principles can play in the adoption, interpretation, and judicial testing of distributional choices. His analysis of the tension between such choices and EU law is bolstered by an exploration of emerging legal principles which could provide additional guidance in this challenging and controversial area. Among the core issues dealt with are the following: relationship among mitigation, adaptation, and sustainable development; regulations as means to make distributional choices distributional choices between generations and the principle of intergenerational justice distributional choices concerning firms and individuals the participation of affected parties in distributional choices access to justice in EU courts to challenge violations of procedural environmental rights the role of legal principles in making, evaluating and testing distributional choices the principle of proportionality with its tests of appropriateness and necessity; the principle of equality; the precautionary principle; the principle of prevention; the polluter pays principle; A concluding chapter offers deeply informed recommendations regarding the design of EU climate change law, including a preliminary assessment of EU wide personal carbon trading. In its insightful illumination of how the inevitable trade-offs, weaknesses, inconsistencies and ambiguities in the way law deals with distributional choices renders them vulnerable to external pressures, this book will be of enormous value to regulators and policymakers concerned with effective, efficient, and fair climate change measures. As a critical assessment of existing EU climate change laws and policies, and as a systematic analysis of the problem of burden sharing, this book will also prove highly valuable to academics in environmental fields of study.

Climate Law In Eu Member States

Author : Marjan Peeters
ISBN : 9781781002780
Genre : Science
File Size : 35. 5 MB
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ÔThe book gives detailed discussions of essential EU climate law and presents profound national reports which cover the transposition of EU law and focus on national climate strategies, which are often complex and sometimes also ambitious. Comparative studies at the grassroots level are an important source of ideas and possibilities and also useful documentation both for researchers and political actors.Õ Ð Erkki Hollo, University of Helsinki, Finland ÔThis is an outstanding collection of essays by a multi-national team of leading scholars. It reminds us that in a system of multi-level governance, it is crucial to examine and appraise developments not only at the level of the European Union but also within the Member States. This task has become easier with the publication of this excellent book.Õ Ð Joanne Scott, University College London, UK The complex and multifaceted nature of EU climate legislation poses a major challenge for EU Member States. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond). The book seeks to answer such questions as: what kind of legislative approaches should be developed to comply with EU climate law? What room for national discretion should remain? What opportunities exist to go beyond EU ambitions? In addition, distinguished authors analyse national regulatory developments across selected Member States, identifying potential areas for review and improvement. The book offers further discussion and legal analysis of core themes such as: long-term target setting; contrasting legislative approaches; instrument mixes; and key linkages between environmental and energy law. In light of the challenges confronting national legislators, this book offers important insights into the role and contribution of law towards improved climate protection, with potential lessons for countries both within and outside the EU. With this in mind, Climate Law in EU Member States will be a valuable read for policymakers and civil servants at national ministries and at the European Commission, carbon consultants and environmental non-governmental organisations, as well as for academics in and outside the EU.

Emissions Trading Schemes

Author : Sanja Bogojevic
ISBN : 9781782251668
Genre : Law
File Size : 68. 5 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.

Eu Environmental Law

Author : Geert Van Calster
ISBN : 9781782549185
Genre :
File Size : 51. 53 MB
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EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.

Towards An Environmental Accounting Framework For The Eu

Author : Anton Steurer
ISBN : WISC:89064544463
Genre : Environmental policy
File Size : 39. 37 MB
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Climate Change 2007 Mitigation Of Climate Change

Author : Intergovernmental Panel on Climate Change
ISBN : 0521880114
Genre : Science
File Size : 23. 17 MB
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The Climate Change 2007 volumes of the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) provide the most comprehensive and balanced assessment of climate change available. This IPCC Working Group III volume is a state-of-the-art assessment of the scientific, technical, environmental, economic, and social aspects of the mitigation of climate change. Written by the world's leading experts, the IPCC volumes will again prove to be invaluable for researchers, students, and policymakers, and will form the standard reference works for policy decisions for government and industry worldwide.

Eu And Biodiversity Conservation In Tropical Countries

Author :
ISBN : WISC:89064546799
Genre : Environmental policy
File Size : 38. 41 MB
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Willingness To Pay For Rural Landscape Preservation

Author : Gianni Cicia
ISBN : WISC:89064531544
Genre : Business & Economics
File Size : 48. 33 MB
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New Developments In Environmental Accounting At Istat

Author : Cesare Costantino
ISBN : WISC:89064544406
Genre : Environmental policy
File Size : 48. 37 MB
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Green National Accounting

Author : Anil Markandya
ISBN : WISC:89064546708
Genre : Environmental policy
File Size : 22. 27 MB
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