Legal and design issues arising in linking the EU ETS with existing and emerging emissions trading schemes

2009 ◽  
Vol 6 (2) ◽  
pp. 197-232
Author(s):  
Jason Anderson ◽  
Keyword(s):  
Emissions Trading ◽  
The Political ◽  
Eu Ets ◽  
Design Features ◽  
Legal Nature ◽  
Emissions Trading Scheme ◽  
The World ◽  
Trading Scheme ◽  
Eu Emissions Trading Scheme ◽  
The Eu

AbstractSince the EU Emissions Trading Scheme (EU ETS) came into being in 2003, both the opportunity and incentive to link the EU ETS to other cap-and-trade schemes that aim to reduce greenhouse gases has increased dramatically. This paper provides an overview of the key design features of existing and emerging emissions trading schemes around the world. It then considers the political and technical significance of these design features for a decision on whether or not to link the EU ETS to these schemes and explores the possible legal nature of an agreement that could link various potential linking partners at the national and sub-national levels.

Moving Towards Phase III—Key Elements of the Review of the EU Emissions Trading Scheme

2008 ◽  
Vol 5 (2) ◽  
pp. 159-181
Author(s):  
Simon Marr ◽  
Johannes Enzmann
Keyword(s):  
Emissions Trading ◽  
Phase Iii ◽  
Full Potential ◽  
Eu Ets ◽  
Emissions Trading Scheme ◽  
Long Time ◽  
Trading Scheme ◽  
Time Planning ◽  
Eu Emissions Trading Scheme ◽  
The Eu

AbstractWith the Climate and Energy Package the European Commission has also published its draft for a revised EU Emissions Trading Scheme from 2013 onwards. The draft revision of the EU ETS serves as the EU's main pillar to fight climate change in that it requires a reduction of mainly CO2 of 21% below 2005 figures for the EU's major emissions sources in the energy and industry sectors. In addition, most notably the EU is proposing an EU wide cap and harmonised allocation rules, in order to exploit the full potential of emissions trading making national allocation plans ghosts of the past. The revised EU ETS gives investors into CDM projects the necessary long time planning security for investments into projects. At the same time it sends out a strong signal to the international negotiations for a post-2012 climate agreement in that it allows the use of more project based generated credits within the EU ETS once an ambitious post 2012 agreement is concluded.

European Union Emissions Trading Scheme

2020 ◽  
pp. 189-210
Author(s):  
Antonio Marcio Ferreira Crespo ◽  
Chun Wang
Keyword(s):  
European Union ◽  
Emissions Trading ◽  
Eu Ets ◽  
Design Features ◽  
Scheme Design ◽  
Design Evolution ◽  
Allocation Process ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
The Eu

The European Union Emissions Trading Scheme (EU-ETS), launched in 2005, is one of the most important market-driven initiatives in support to the global commitment to fight the climate changes and foster sustainable development. The scheme design evolution, comprising four phases, was characterized by continued ineffectiveness in driving emissions reduction, mainly for industries outside the power generation sector. This chapter brings an analysis of the EU-ETS design evolution, aiming at providing an overview on how the EU-ETS design features improvements impacted its effectiveness. The emissions trading scheme's main design features are listed, followed by the description of the EU-ETS design evolution in terms of scope, allowances allocation process, and emissions cap (among others). The greenhouse gases emissions trends, the carbon price behavior, and the availability of allowances in the EU carbon market are presented and discussed as key factors in support to the EU-ETS effectiveness assessment.

The EU Emissions Trading Scheme and the Court of Justice: The “High Politics” of Indirectly Promoting Global Standards

2012 ◽  
Vol 13 (11) ◽  
pp. 1247-1268
Author(s):  
Elaine Fahey
Keyword(s):  
Greenhouse Gas ◽  
Emissions Trading ◽  
Civil Aviation ◽  
Eu Ets ◽  
Court Of Justice ◽  
Global Standards ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
Eu Emissions Trading Scheme ◽  
The Eu

The European Union (EU) Emissions Trading Scheme (ETS) is a cornerstone of the European Union's policy to combat climate change and its key tool for the cost-effective reduction of industrial greenhouse gas emissions. Moreover, according to the European Commission, it is the first and biggest international scheme for the trading of greenhouse gas emission allowances, including sophisticated and far-reaching penalties. Notably, however, the scheme arose out of a failure at the international level to agree on global standards. When an amended directive included aviation under this scheme beginning in 2012, it ignited a global controversy that came before the Grand Chamber of the Court of Justice in December 2011. In its decision, the Court and Advocate General explicitly explain that the EU ETS regime arose because of the failure of the International Civil Aviation Organisation (ICAO) to evolve a global regulatory scheme. To some, the decision of the Court of Justice on the EU ETS represents a definitive view on the legality of the EU's ambitions to uphold high environmental standards and to compel others to uphold these standards also.

Up in the Air: Aviation, the EU Emissions Trading Scheme and the Question of Jurisdiction

2012 ◽  
Vol 14 ◽  
pp. 475-506
Author(s):  
Christina Voigt
Keyword(s):  
Climate Change ◽  
European Union ◽  
Emissions Trading ◽  
State Sovereignty ◽  
Eu Ets ◽  
The European Union ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
Eu Emissions Trading Scheme ◽  
The Eu

AbstractFrom 1 January 2012, all flights departing from or arriving at the European Union are covered by the EU Emissions Trading Scheme (EU ETS). Amendments were made to Directive 2003/87/EC by Directive 2008/101/EC with the objective of reducing climate change impacts attributable to aviation, but also in order to avoid distortions of competition. The scheme now includes all airlines, including those from third countries, and accounts for emissions that occur partly outside the airspace of EU Member States. A large number of third countries claim that the extension of the Emissions Trading Scheme to legs of flights outside EU territory violates the principle of state sovereignty and deny the jurisdiction of the EU to regulate emissions that occur beyond its borders. So far, the validity of the EU regulation has been challenged by a claim brought by US and Canadian air carriers. They contended that, in adopting the Directive, the EU infringed principles of customary international law—in particular the principle of state sovereignty and the prohibition of extraterritorial application—as well as various international agreements. On 21 December 2011, the Court of Justice of the European Union ruled that the inclusion of emissions from aviation in the EU ETS is valid. In response, Chinese and Indian carriers threatened not to pay the charge, while US airlines pledged to consider other options. This chapter analyses the judgment of the Court and the opinion of Advocate General Kokott in this case. Particular attention is given to the question of extraterritorial jurisdiction and the understanding of state sovereignty in the context of global climate change mitigation. The chapter argues that the Court missed an opportunity to contribute to the clarification of the law on jurisdiction and to the development of climate law.

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