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The UNFCCC at a Crossroads
Significant progress in the multilateral negotiations on climate change will only be made if civil society and in particular business and industry stakeholders actively contribute to shape it. Admitted to the international negotiations in the form of non-governmental organisations (NGOs), business and industry entities continue however to be far more active at the national than at the international level. Their pro-active investment in new international policy spaces is hence highly warranted. The enhanced participation of the private sector in the multilateral climate regime, however, faces many challenges that will have to be overcome. Lessons on how to achieve an effective involvement may be drawn in particular from the Montreal Protocol on ozone-depleting substances, the World Trade Organization, the European Union and the Asian Pacific Partnership. A preliminary condition for an effective dialogue with business and industry stakeholders is a transparent process. Moreover, systematic consultations with stakeholders should be held, allowing a regular exchange of information and the effective channelling of the expertise of the private sector into the negotiation process.
Linking the EU Emissions Trading Scheme to JI, CDM and Post-2012 International Offsets - A Legal Analysis and Critique of the EU ETS and the Proposals for Its Third Trading Period
The so-called 'Linking'-Directive adopted in 2004 does not impose any limit on the import of JI and CDM credits under the European Union Emissions Trading Scheme (EU ETS), but requires from the Member States to set, in accordance with their 'supplementarity' obligations under the Marrakesh Accords, the maximal amount of Kyoto 'units' each covered installation is entitled to use for compliance under the scheme. Fearing a second price collapse of the European Union Allowance, the Commission decided, however, in 2006 to impose strict limits on the use of JI and CDM credits during the second trading period. This paper examines the legal basis of the Commission's decision and explores further the...
Flexibility and European Unification
Based on a theory of differentiated integration, this book investigates the dynamics of flexible European integration across EU policies and member states. By doing so, it provides a theory-based, comprehensive, and an empirical account of European integration from the perspective of legal differentiation.
Top-Down, Bottom-Up Or In-Between
The Durban Climate Conference agreed on the creation of a new market-based mechanism under the United Nations Framework Convention on Climate Change (UNFCCC) and to consider the establishment of an overall framework for various mitigation approaches, including opportunities for using markets (“Framework”). This development is taking place against the background of increasing numbers of parties developing market mechanisms outside the UNFCCC. The creation of such a Framework is therefore of high political significance, as it should ensure on the one hand that new market-based mechanisms contribute to global climate change mitigation and to achievement of targets and on the other hand that...
The State Practice of India and the Development of International Law
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.
The Oxford Handbook of Comparative Environmental Politics
'The Oxford Handbook of Comparative Environmental Politics' explores some of the most important environmental issues through the lens of comparative politics, including energy, climate change, food, health, urbanization, waste, and sustainability. The chapters delve into more traditional forms of comparative environmental politics (CEP) - the political economy of natural resources and the role of corporations and supply chains - while also showcasing new trends in CEP scholarship, particularly the comparative study of environmental injustice and intersectional inequities.
Research Handbook on REDD-Plus and International Law
REDD+ (Reducing Emissions of greenhouse gases from Deforestation and Forest Degradation) is an important tool under the UNFCCC for incentivizing developing countries to adopt and scale up climate mitigation actions in the forest sector and for capturing and channeling the financial resources to do so. This Handbook eloquently examines the methodological guidance and emerging governance arrangements for REDD+, analysing how and to what extent it is embedded in the international legal framework. Organized coherently into five parts, contributions from legal experts, international relations scholars, climate change negotiators and activists explore the history and design of REDD+ in the UN clim...
Die Umweltschutzsubvention im Gemeinschaftsrecht
Seit Jahrzehnten werden staatliche Subventionen durch die Kommission der Europaischen Gemeinschaften bewilligt, welche oft nicht ihr Ziel erreichen, der Umwelt aber zu grossem Schaden gereichen. Aus Sorge vor einem massiven Anstieg sogenannter <I>-gruner- Subventionen wird hingegen unter Berufung auf das Verursacherprinzip der Handlungsspielraum der Mitgliedstaaten bei der Vergabe von Umweltschutzbeihilfen immer starker eingeengt. Ob diese Praxis den Bedurfnissen eines ausgewogenen Umweltschutzes gerecht wird, wird in dieser Arbeit in Frage gestellt. Anhand einer Gegenuberstellung der verschiedenen Umweltinstrumente und ihrer Einsatzbedingungen in der Europaischen Union zeigt die Autorin i...
New Market-Based Mechanisms Post 2012
The Cancun Agreements in December 2010 have set the basis for the continuing availability of market mechanisms to assist developed countries in meeting their mitigation commitments a post-2010 climate regime. They provide that the introduction of the new market-based mechanisms (NMMs) will be examined at the next COP in Durban. NMMs, refer, in particular, to sector based crediting. There is not yet sufficient consensus on how new market mechanisms could be governed and which role the United Nations (UN) should play. While some countries including Japan and Australia favour more decentralized governance models with only minimun criteria defined be the UN and a strong role of bilateral coopera...
Climate Change Law, Technology Transfer and Sustainable Development
This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the ‘flexible mechanism’ (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as ‘voluntary cooperation’ or ‘sustainable development’ mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a co...
