the kyoto protocol in the eu european community and member states under international and european law

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The Kyoto Protocol In The Eu

Author : Leonardo Massai
ISBN : 9067045713
Genre : Law
File Size : 85. 33 MB
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The participation of the European Community and the Member States in the international climate change regimes is a complex issue. In the case of the Kyoto Protocol, this is rendered more complicated by the fact that, for the purposes of Article 4 of the Kyoto Protocol, the membership of the European Community and Member States is frozen at a particular point in time. The result of this is that, under international law, the European Community and a part of the Member States (EU15) have agreed to jointly fulfil some of those obligations, whereas under community law all Member States share a certain degree of responsibility to meet the obligations created by the Kyoto Protocol. This book analyses in great detail the Kyoto Protocol and the obligations established, such as monitoring and reporting obligations, eligibility criteria and reduction commitments.

Eu Climate Policy Explained

Author : Jos Delbeke
ISBN : 9781317338116
Genre : Business & Economics
File Size : 76. 38 MB
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The EU has been the region of the world where the most climate policies have been implemented, and where practical policy experimentation in the field of the environment and climate change has been taking place at a rapid pace over the last twenty-five years. This has led to considerable success in reducing pollution, decoupling emissions from economic growth and fostering global technological leadership. The objective of the book is to explain the EU's climate policies in an accessible way, to demonstrate the step-by-step approach that has been used to develop these policies, and the ways in which they have been tested and further improved in the light of experience. The book shows that there is no single policy instrument that can bring down greenhouse gas emissions, but the challenge has been to put a jigsaw of policy instruments together that is coherent, delivers emissions reductions, and is cost-effective. The book differs from existing books by the fact it covers the EU's emissions trading system, the energy sector and other economic sectors, including their development in the context of international climate policy. Set against the backdrop of the 2015 UN Climate Change conference in Paris, this accessible book will be of great relevance to students, scholars and policy makers alike.

The Kyoto Protocol

Author : Sebastian Oberthür
ISBN : 9783662039250
Genre : Science
File Size : 27. 31 MB
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The adoption of the Kyoto Protocol in December 1997 was a major achievement in the endeavour to tackle the problem of global climate change at the dawn of the 21st century. After many years of involvement in the negotiation process, the book's two internationally recognised authors now offer the international community a first hand and inside perspective of the debate on the Kyoto Protocol. The book provides a comprehensive scholarly analysis of the history and content of the Protocol itself as well as of the economic, political and legal implications of its implementation. It also presents a perspective for the further development of the climate regime. These important features make this book an indispensable working tool for policy makers, negotiators, academics and all those actively involved and interested in climate change issues in both the developed and developing world.

The Allocation Of Regulatory Competence In The Eu Emissions Trading Scheme

Author : Josephine van Zeben
ISBN : 9781107042261
Genre : Business & Economics
File Size : 62. 85 MB
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Analysis of the law and politics of regulatory competence allocation in the European Union Emissions Trading Scheme.

Eu Climate Diplomacy

Author : Stephen Minas
ISBN : 9781351599764
Genre : Political Science
File Size : 68. 43 MB
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The European Union has long played a leadership role in the global response to climate change, including the development and dissemination of climate-friendly technologies such as renewable energy. EU diplomacy has been a vital contributor to the development of international cooperation on climate change through the agreement of the United Nations Climate Convention, its Kyoto Protocol and, most recently, the Paris Agreement. In addition, the election of Donald Trump as President of the United States means that the EU contribution to climate diplomacy will become more important still, both in filling the leadership gap (together with other major economies) and in responding to any sabotage by the Trump administration. This book will extend knowledge of the EU as a key actor in climate diplomacy by bringing together leading practitioners and researchers in this field to take stock of the EU’s current role and emerging issues. Contributions will be grouped into three strands: 1) the interplay between EU climate diplomacy and internal EU politics; 2) how the EU’s legal order is a factor that determines, enables and constrains its climate diplomacy; and 3) the EU’s contribution to diplomacy concerning climate technology both under the Climate Convention and more broadly. Collectively, these contributions will chart the EU’s role at a critical time of transition and uncertainty in the international response to climate change. EU Climate Diplomacy: Politics, Law and Negotiations will be of great relevance to students, scholars and policymakers with an interest in international climate politics and policy, transnational environmental law and politics and EU studies more generally.

The International Responsibility Of The European Union

Author : Malcolm Evans
ISBN : 9781782251033
Genre : Law
File Size : 23. 25 MB
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How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

The European Court Of Justice And External Relations Law

Author : Marise Cremona
ISBN : 9781782253259
Genre : Law
File Size : 77. 62 MB
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This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.

Emissions Trading Schemes

Author : Sanja Bogojevic
ISBN : 9781782251668
Genre : Law
File Size : 28. 87 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.

International Environmental Disputes

Author : Aaron Schwabach
ISBN : 9781851097739
Genre : Law
File Size : 38. 80 MB
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This book offers an intensive investigation of past and present achievements and failures in international environmental law. * A chronology of milestone events, such as the Tisza cyanide spill and the death of the last passenger pigeon * Excerpts from key documents, including treaties such as the Convention on Biological Diversity and documents relating to the Corfu Channel dispute and other key cases, as well as UN and nongovernmental documents

The Kyoto Protocol And Beyond

Author : Wybe Th. Douma
ISBN : 9067042285
Genre : Law
File Size : 34. 24 MB
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I had the pleasure of participating at the two conferences which form the basis of this book: as a chairman at the 2007 The Hague Conference 'Tackling Climate Change - An appraisal of the Kyoto Protocol and options for the future' and as a speaker at the 2006 Siena Conference' The Kyoto Protocol and beyond: a legal perspective'. I would like to thank my colleagues Wybe Douma, Leonardo Massai and Massimiliano Montini for those opportunities, and although I was, unfortu nately, unable to contribute a paper to this book due to time constraints, I am glad to be able to say a few words on the issue by means of this foreword. The timing of the two conferences was well chosen: the period between the Siena Conference (June 2006) and The Hague Conference (March 2007) encapsu lated perfectly the period of the drafting, the presentation and the approval of the 'Integrated Energy and Climate Change Package', as presented by the European th Commission on the 10 of January 2007 and as approved by the Spring European th th Council of the 8 and 9 of March 2007. The importance of the Commission's package and the Council's conclusions must be strongly emphasized. They set, at the EU level, legally binding targets regarding the reduction of greenhouse gas of energy, and biofuels.

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