Climate Law in EU Member States
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 Law and Policy
Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences. The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggests that the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climate change law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy.
Distributional Choices in EU Climate Change Law and Policy
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.
The Kyoto Protocol in the EU
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
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.
EU Environmental Law
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.
Mainstreaming Climate Change in Development Cooperation
Climate change, development and development cooperation are, individually and jointly, three politically sensitive, complex issues, especially in the context of relations between developed and developing countries. This book tackles these issues by combining theoretical, political, and practical perspectives, analysing the dominant paradigms and exploring the meaning of the concept of mainstreaming. At the practical level, it presents the results of case studies focusing on assistance provided by the European Union and key member states and the climate needs articulated by developing countries. At the political level, it highlights the sensitivities between developed and developing countries and examines the mainstreaming debate in various fora. This book is valuable for policymakers, academics, politicians and non-state actors working in the fields of development studies, international law, politics, international relations, economics, climate change, and environmental studies.
Local Climate Change Law
'This book is a useful addition to our literature on climate change law, with its focus on climate change at the local level. It examines how local governments, municipalities and city authorities address climate change through law and policy, and the problems/constraints faced in mitigation and adaptation at the local level. The 15 contributors have thoughtfully and critically analysed the issues from intellectual as well as practical perspectives, drawing on the experiences of North America as well as the EU, China, Australia and South Africa. The reader is left with deeper insights and suggestions for the way forward.' – Irene Lin Heng Lye, National University of Singapore 'This volume offers a thorough exploration of the challenges and opportunities for local governments in many parts of the world to mitigate and adapt to climate change.' – Laura Watchmann, LEED AP-ND, Executive Director, NALGEP 'As the international climate consensus is fading, the focus has shifted from the global to the local. This book is timely and ground-breaking as it frames a new subject of legal study and proves the dramatic surge of local climate action. A must-read.' – Klaus Bosselmann, University of Auckland, New Zealand Local Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools. This timely study offers a multi-jurisdictional perspective, featuring international contributors who examine both theoretical and practical dimensions of how localities are addressing climate mitigation and adaptation in Australia, Canada, China, Europe, South Africa and the United States, as well as considering the place of localities in global climate law agreements and transnational networks. Written from a multi-disciplinary perspective, this book will appeal to academics, post graduate and undergraduate students in law and political science, local and national government policy makers and politicians, as well as practising local government lawyers. Anyone with a general interest in environmental issues will also find much to interest them in this insightful study.
European Climate and Clean Energy Law and Policy
The participation of the European Community and the Member States in international climate change policy is a complex issue. This book provides a clear guide to the subject which will help students and professionals alike to interpret and easily navigate to the information they require. Setting out by explaining the foundations of European climate and clean energy law and policy, and the position of the European Community in the international climate dialogue it then goes on to provide a unique commented overview of legislation and policy adopted since the early 1990s. Key topics covered include:-The EU Emissions Trading Scheme and the Linking directive-greenhouse gas emissions monitoring and reporting-electricity from renewable energy sources-energy efficiency-land, marine and air transport-fluorinated and other gases-carbon capture and storage-post-2012 phase-impacts and adaptation-climate change litigation-complianceIt concludes with a full review of relevant literature.
The EU the US and Global Climate Governance
This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. Drawing on research involving experts from leading universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world’s largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies and new technologies for hydrocarbons extraction and carbon capture.