Emissions trading schemes : markets, states and law / Sanja Bogojevic.

Format:

Book

Author/Creator:

Bogojević, Sanja, 1982- author.

Language:

English

Subjects (All):

European Union Emissions Trading Scheme.

Emissions trading--Law and legislation--European Union countries.

Emissions trading.

Emissions trading--Law and legislation.

Physical Description:

1 online resource (229 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2013.

Language Note:

English

Summary:

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

Contents:

From uniformity to legal particularities of governance regimes : revising the framework of analysis for emissions trading schemes in law

Deconstructing emissions trading discourses

The EU Emissions Trading Scheme and the importance of legal culture

Unpacking EU emissions trading discourses (I) : the commission

Unpacking EU emissions trading discourses (II) : EU courts

The 'honeymoon' in environmental law scholarship

Conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [181]-201) and index.

ISBN:

9781474200110

1474200117

9781782251651

1782251650

OCLC:

855504752