EU Climate Change Policy: The Challenge of New Regulatory Initiatives

Front Cover
Marjan Peeters, K. Deketelaere
Edward Elgar Publishing, 2006 M01 1 - 352 pages
. . . this excellent edited collection assembled by Peeters and Deketelaere on the achievements of EU climate change policy is a very timely publication. They have brought together nineteen distinguished, mostly European scholars, on climate law and polic

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Contents

Competences measures and compliance
3
The international and European policy framework
22
3 The European Union Russia and the Kyoto Protocol
51
PART II Greenhouse gas emissions trading within the EU
67
Issues of Member State liability
69
5 A level playing field? Initial allocation of allowances in Member States
83
6 Linking the project based mechanisms with the EU ETS the present state of affairs and challenges ahead
98
A proportionatesymbiosis?
125
11 Climate change taxes emissions trading and international trade law
205
PART III Energy and climate change measures
221
12 EU energy policy and legislation under pressure since the UNFCCC and the Kyoto Protocol?
223
13 Energy taxation within the EU
240
14 Critical issues in implementing energy taxation
256
Reflections and perspectives
277
15 S ome reflections on the EU mix of instruments on climate change
279
Recommendations from a NorthSouth perspective
297

8 The IPPC permit and the greenhouse gas permit
153
9 Enforcement of the EU greenhouse gas emissions trading scheme
169
Experiences and observations for the EU
188
Index
317
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Page 30 - In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Page 35 - Countries whose economies are highly dependent on income generated from the production, processing and export, and/or on consumption of fossil fuels and associated energy-intensive products; and (i) Land-locked and transit countries.
Page 33 - Protocol for the period referred to in subparagraph (a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol.
Page 28 - Noting that the largest share of historical and current global emissions of greenhouse gases has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions originating in developing countries will grow to meet their social and development needs...
Page 29 - The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities.
Page 73 - The full effectiveness of Community rules would be impaired and the protection of the rights which they grant would be weakened if individuals were unable to obtain redress when their rights are infringed by a breach of Community law for which a Member State can be held responsible.
Page 31 - Trade policy measures for environmental purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.
Page 28 - Affirming that responses to climate change should be coordinated with social and economic development in an integrated manner with a view to avoiding adverse impacts on the latter, taking into full account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty...
Page 77 - Community institution concerned manifestly and gravely disregarded the limits on its discretion. [56] The factors which the competent court may take into consideration include the clarity and precision of the rule breached; the measure of discretion left by that rule to the national or Community authorities; whether the infringement and the damage caused was intentional or involuntary; whether any error of law was excusable or inexcusable; the fact that the position taken by a Community institution...

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