Market-Based Measures: The European Union Emission Trading Scheme and the Carbon Offsetting and Reduction Scheme for International Aviation

2019 ◽  
pp. 127-150
Author(s):  
Angela Stefania Bergantino ◽  
Luisa Loiacono
Keyword(s):  
European Union ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
The European Union ◽  
Reduction Scheme ◽  
Carbon Offsetting ◽  
Trading Scheme

Climate Protection Law in the European Union—Emergence of a New Regulatory System

2012 ◽  
Vol 9 (1) ◽  
pp. 5-33 ◽  
Author(s):  
Astrid Epiney
Keyword(s):  
European Union ◽  
Central Element ◽  
Emission Trading ◽  
Regulatory System ◽  
Emission Trading Scheme ◽  
Climate Protection ◽  
The European Union ◽  
Legal Questions ◽  
Trading Scheme ◽  
The Eu

“Climate Protection Law” has been developed during the last approximately 15 years on an international, supranational and regional level. In the European Union the trading scheme of greenhouse gas allowances—introduced by Directive 2003/87—is to be considered a central element of the European Union’s climate protection policy. Despite of the creation of the EU emission trading scheme already in 2003 the scheme raises a range of legal questions which have not been really clarified yet. Against this background, the following contribution will discuss—on the basis of a summary of the legal bases and the development of emission trading in the EU—some selected legal questions concerning design, interpretation and application of the Directive 2003/87. Additionally, the question of whether the emission trading scheme as provided by Directive 2003/87 could serve as a model for air protection respectively emission reduction of other air pollutants and / or as a model for a trans-regional or even global emission trading scheme will be discussed.

Accounting for early action in the European Union Emission Trading Scheme

Energy Policy ◽  
2009 ◽  
Vol 37 (10) ◽  
pp. 3914-3924 ◽  
Author(s):  
Iñaki Arto ◽  
Carmen Gallastegui ◽  
Alberto Ansuategi
Keyword(s):  
European Union ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
The European Union ◽  
Early Action ◽  
Trading Scheme

scholarly journals The Inclusion of Shipping in the EU Emission Trading Scheme: A Legal Analysis in the light of Public International Law

10.17345/1286 ◽  
2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Daniel Pérez Rodríguez
Keyword(s):  
European Union ◽  
United Nations ◽  
International Law ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
The European Union ◽  
Public International Law ◽  
Trading Scheme ◽  
The Eu ◽  
Do So

After regulating Greenhouse Gas emissions from air transport, the European Union is now contemplating taking action on emissions from the shipping sector. In order to do so, the European Commission carried out a public consultation process between January and April 2012. This article analyses the legal problems that would arise, in the light of Public International Law, should the European Union decide to follow the path of aviation and include shipping under the European Emission Trading Scheme (ETS). To do so, the focus will be placed on six different normative bodies of international law: (1) the United Nations Framework Convention on Climate Change and the Kyoto Protocol;(2) the MARPOL Convention; (3) the United Nations Convention on the Law of the Sea; (4) the General Agreement on Tariffs and Trade and the General Agreement on Trade of Services; (5) the principle of sovereignty over maritime areas; and (6) the bilateral agreements ratified by the EU containing clauses on maritime transport. The structure of each of the six normative bodies will be as follows: international commitments under each international norm, possibility of enforcement before tribunals and analysis of the legality of the EU measure in relation to that norm.

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