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 : 66. 80 MB
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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 : 20. 81 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.

Climate Change Liability

Author : Michael Faure
ISBN : 9781849806022
Genre : Science
File Size : 66. 78 MB
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This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate changelitigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.

Emissions Trading Schemes

Author : Sanja Bogojevic
ISBN : 9781782251668
Genre : Law
File Size : 61. 15 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 : 63. 98 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.

Greenprint

Author : Aaditya Mattoo
ISBN : 9781933286679
Genre : Political Science
File Size : 69. 3 MB
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Beleaguered by mutual recrimination between rich and poor countries, squeezed by the zero-sum arithmetic of a shrinking global carbon budget, and overtaken by shifts in economic and hence bargaining power between these countries, international cooperation on climate change has floundered. Given these three factors—which Arvind Subramanian and Aaditya Mattoo call the "narrative," "adding up," and "new world" problems—the wonder is not the current impasse; it is, rather, the belief that progress might be possible at all. In this book, the authors argue that any chance of progress must address each of these problems in a radically different way. First, the old narrative of recrimination must cede to a narrative based on recognition of common interests. Second, leaders must shift the focus away from emissions cuts to technology generation. Third, the old "cash-for-cuts" approach must be abandoned for one that requires contributions from all countries calibrated in magnitude and form to their current level of development and future prospects.

Climate Smart Agriculture

Author : Leslie Lipper
ISBN : 9783319611945
Genre : Business & Economics
File Size : 71. 8 MB
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This book is open access under a CC BY-NC-SA 3.0 IGO license. The book uses an economic lens to identify the main features of climate-smart agriculture (CSA), its likely impact, and the challenges associated with its implementation. Drawing upon theory and concepts from agricultural development, institutional, and resource economics, this book expands and formalizes the conceptual foundations of CSA. Focusing on the adaptation/resilience dimension of CSA, the text embraces a mixture of conceptual analyses, including theory, empirical and policy analysis, and case studies, to look at adaptation and resilience through three possible avenues: ex-ante reduction of vulnerability, increasing adaptive capacity, and ex-post risk coping. The book is divided into three sections. The first section provides conceptual framing, giving an overview of the CSA concept and grounding it in core economic principles. The second section is devoted to a set of case studies illustrating the economic basis of CSA in terms of reducing vulnerability, increasing adaptive capacity and ex-post risk coping. The final section addresses policy issues related to climate change. Providing information on this new and important field in an approachable way, this book helps make sense of CSA and fills intellectual and policy gaps by defining the concept and placing it within an economic decision-making framework. This book will be of interest to agricultural, environmental, and natural resource economists, development economists, and scholars of development studies, climate change, and agriculture. It will also appeal to policy-makers, development practitioners, and members of governmental and non-governmental organizations interested in agriculture, food security and climate change.

Justice For Future Generations

Author : Peter Lawrence
ISBN : 9780857934161
Genre : Science
File Size : 63. 95 MB
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Peter Lawrence�s Justice for Future Generations breaks new ground by using a multidisciplinary approach to tackle the issue of what ethical obligations current generations have towards future generations in addressing the threat of climate change. This

Human Rights And Climate Change

Author : Siobhan Mcinerney-Lankford
ISBN : 9780821387238
Genre : Science
File Size : 63. 77 MB
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This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.

Navigating The Numbers

Author : Kevin A. Baumert
ISBN : UCSD:31822035731066
Genre : Political Science
File Size : 90. 15 MB
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This document provides data on greenhouse gas and international climate policy. It examines them at the global, national, sectoral, and fuel levels and identifies implications of the data for international cooperation on global climate change.

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