Suchergebnisse

A myriad of specialized and fragmented global regulatory bodies wield ever-increasing power and influence. In making decisions, these mission-oriented authorities tend systematically, due to deep-seated structural factors, to give greater regard to the interests and concerns of some actors, especially powerful states and well-organized economic actors, and lesser regard to the often peripheral interests and concerns of more weakly organized and less powerful groups and of vulnerable individuals. The overall pattern of global regulation reflects a similar bias. The most powerful global regulatory regimes promote the objectives of dominant states and economic actors, whereas regimes to protect weaker groups and individuals are often less effective or virtually nonexistent and are thus unable to protect their interests and concerns. As a result of these two types of disregard, the dominant actors in global regulatory governance enjoy disproportionate benefits from international cooperation, while weaker groups and individuals suffer deprivation and often serious harm.

This paper has been delivered within the context of the research project "Transnational Private Regulatory Regimes: Constitutional foundations and governance design". ; This essay provides an overview of enforcement mechanisms and issues in transnational public regulation. Regimes of transnational regulation (environment, finance, security, intellectual property, etc.) established by states and networks of domestic government officials use a variety of regulatory instruments, including economic incentives. Lack of consistent enforcement undermines the efficacy of these regimes. The paper examines legal remedies, including those provided by Global Administrative Law, that may be asserted against domestic and international administrative bodies in order to address enforcement gaps in transnational regulation. These include remedies invoked by the beneficiaries of regulatory regime to promote enforcement and regulatory protection by such bodies. ; The Research project "Transnational Private Regulatory Regimes: Constitutional foundations and governance design" is co-financed by HiiL (Hague Institute for the Internationalisation of Law)

Digitised version produced by the EUI Library and made available online in Open Access in 2021 for research or private study purposes ; The Florence Integration Through Law Series is the product of a research project centered in the Law Department of the European University Institute, and as such it reflects the research interests of the Department: it is a contextual examination of European legal developments in comparative perspective. In the general introduction to the Series (published in Book One of Volume I), we explained fully the philosophy, methodology and scope of the Project. Here we wish merely to recapitulate some of the principal themes of special relevance to this Volume on Environmental Protection. The European Legal Integration Project set out to examine the role of law in, and the legal impact of, integration in Europe, using the United States federal system as a comparative point of reference. The Project was conceived and executed in two parts. In Part One (published in Volume I entitled "Methods, Tools and Institutions") a number of teams of American and European scholars examined a wide range of legal techniques and mechanisms for integration and undertook an overall general analysis of law and integration. The first book of Volume I ("A Political, Legal, and Economic Overview") establishes the comparative and interdisciplinary context, providing background studies on the political, legal and economic implications of integration in Europe and America and including studies on other federal systems (Australia, Canada, Germany and Switzerland) to add comparative perspective. The second book ("Political Organs, Integration Techniques, and Judicial Process") analyzes the pre- and post-normative stages, examining the decision-making and implementation problems, and the role of political and judicial organs therein, and describing the various forms of normative techniques available in a federal or supranational context. The third and final book of Volume I ("Forces and Potential for a European Identity") focusses on how the law can be harnessed to promote the governmental or integrational objectives of union. It isolates for consideration some substantive goals (foreign policy, free movement of goods and persons, human rights protection and legal education), in order to elucidate the ways in which law has been or can be used to promote substantive objectives. This approach is more fully developed in the studies in Part Two of the Project which deals in greater detail with substantive areas of federal/transnational policy an is open-ended. To date, in addition to the present volume on environmental policy, monographs have been planned in the following four areas: consumer protection, harmonization of corporation law and capital markets, energy policy, and regional policy. It is hoped that further studies may be undertaken in the future.

Carbon Capture and Storage (CCS) is increasingly viewed as one of the most significant ways of dealing with green house gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle effectively the challenges raised but without stifling a new technology of potential great public benefit. These include long-term liability for storage, regulation of transport, the treatment of stored carbon under emissions trading regimes, issues of property ownership, and increasingly the sensitivities of handling the public engagement and perception. Since its publication in 2011, Carbon Capture and Storage quickly became required reading for all those interested in or engaged by the need to implement regulatory approaches to CCS. The intervening years have seen significant developments globally. Earlier legislative models are now in force, providing important lessons for future legal design. Despite these developments, the growth of the technology has been slower in some jurisdictions than others. This timely new edition will update and critically assess these updates as well as providing context for the development of CCS in 2018 and beyond

Climate Finance -- Frontmatter -- Contents -- Acknowledgments -- Foreword: NYU Abu Dhabi and the Sustainable Environment -- Summary of Key Findings and Recommendations -- About the Contributors -- Part I. Climate Change and Mitigation: Overview and Key Themes -- 1. Climate Finance for Limiting Emissions and Promoting Green Development: Mechanisms, Regulation, and Governance -- 2. Understanding the Causes and Implications of Climate Change -- 3. T e Climate Financing Problem: Funds Needed for Global Climate Change Mitigation Vastly Exceed Funds Currently Available -- 4. The Future of Climate Governance: Creating a More Flexible Architecture -- Part II. Proposals for Climate Finance: Regulatory and Market Mechanisms and Incentives -- A. Trading or Taxes? -- 5. Cap-and-Trade Is Preferable to a Carbon Tax -- B. Reforming the Clean Development Mechanism (CDM ) -- 6. Expectations and Reality of the Clean Development Mechanism: A Climate Finance Instrument between Accusation and Aspirations -- C. Sectoral Programs for Emissions Control and Crediting -- 7. Why a Successful Climate Change Agreement Needs Sectoral Elements -- 8. Sectoral Crediting: Getting the Incentives Right for Private Investors -- 9. Forest and Land Use Programs Must Be Given Financial Credit in Any Climate Change Agreement -- 10. Stock-and-Flow Mechanisms to Reduce Land Use, Land Use Change, and Forestry Emissions: A Proposal from Brazil -- D. Leveraging Trading to Maximize Climate Benefits -- 11. Mitigating Climate Change at Manageable Cost: Th e Catalyst Proposal -- 12. Engaging Developing Countries by Incentivizing Early Action -- E. Linking Trading Systems -- 13. Carbon Market Design: Beyond the EU Emissions Trading Scheme -- F. Investor Perspectives -- 14. Incentivizing Private Investment in Climate Change Mitigation -- 15. Investment Opportunities and Catalysts: Analysis and Proposals from the Climate Finance Industry on Funding Climate Mitigation -- Part III. Bringing Developed and Developing Countries Together in Climate Finance Bargains: Trust, Governance, and Mutual Conditionality -- A. Meeting Developing Country Climate Finance Priorities -- 16. Developing Country Concerns about Climate Finance Proposals: Priorities, Trust, and the Credible Donor Problem -- 17. Developing Countries and a Proposal for Architecture and Governance of a Reformed UNFCCC Financial Mechanism -- 18. Climate Change and Development: A Bottom-Up Approach to Mitigation for Developing Countries? -- 19. Operationalizing a Bottom-Up Regime: Registering and Crediting NAMAs -- B. Conditionality and Its Governance -- 20. From Coercive Conditionality to Agreed Conditions: The Only Future for Future Climate Finance -- 21. Getting Climate-Related Conditionality Right -- 22. Making Climate Financing Work: What Might Climate Change Experts Learn from the Experience of Development Assistance? -- Part IV. National Policies: Implications for the Future Global Climate Finance Regime -- 23. Climate Legislation in the United States: Potential Framework and Prospects for International Carbon Finance -- 24. The EU ETS: Experience to Date and Lessons for the Future -- 25. Greenhouse Gas Emissions and Mitigation Measures in China -- 26. Cities and GHG Emissions Reductions: An Opportunity We Cannot Afford to Miss -- 27. A Prototype for Strategy Change in Oil-Exporting MENA States? The Masdar Initiative in Abu Dhabi -- Part V. Climate Finance and World Trade Organization (WTO) Law and Policy -- 28. The WTO and Climate Finance: Overview of the Key Issue -- 29. Carbon Trading and the CDM in WTO Law -- 30. Countervailing Duties and Subsidies for Climate Mitigation: What Is, and What Is Not, WTO-Compatible? -- 31. Border Climate Adjustment as Climate Policy -- 32. Enforcing Climate Rules with Trade Measures: Five Recommendations for Trade Policy Monitoring -- 33. Carbon Footprint Labeling in Climate Finance: Governance and Trade Challenges of Calculating Products' Carbon Content -- Part VI. Taxation of Carbon Markets -- 34. Fiscal Considerations in Curbing Climate Change -- 35. Tax and Efficiency under Global Cap-and-Trade -- 36. Tax Consequences of Carbon Cap-and-Trade Schemes: Free Permits and Auctioned Permits -- Afterword: Reflections on a Path to Effective Climate Change Mitigation -- Abbreviations -- Index