CCLR 2/2014

You can order any of the articles listed below for €35,00; case notes are available for each €20,00; all current developments for together €20,00, and features (book reviews, conference reports or "in the market") for €8,00. EU Member States: VAT will be added if applicable.

Issue 2/2014

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Michael Mehling
Carbon and Climate Law Review 2/2014: pp. 81-81
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In its recently released Fifth Assessment Synthesis Report, the Intergovernmental Panel on Climate Change (IPCC) affirmed that "[w]arming of the climate systemis unequivocal", and warned that – absent additional mitigation efforts – such warming “will lead to high to very high risk of severe, widespread, and irreversible impacts globally" by the end of the century.

Harald Ginzky and Robyn Frost
Marine Geo-Engineering: Legally Binding Regulation under the London Protocol
Carbon and Climate Law Review 2/2014: pp. 82-96 [Article]
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I. Introduction On 18 October 2013, the Contracting Parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping ofWastes and other Matter, 19721 adopted by consensus amendments to the Protocol to regulate marine geo-engineering. The amendments are a landmark for the international control of so called ‘climate engineering’ activities2 because, when they enter into force, they will be the first legally binding regulation of such activities in international law.

Fitsum G. Tiche, Stefan E. Weishaar and Oscar Couwenberg
Carbon Leakage, Free Allocation and Linking Emissions Trading Schemes
Carbon and Climate Law Review 2/2014: pp. 97-105 [Article]
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A sub-global emissions trading scheme (ETS) risks harming competitiveness and causing carbon leakage. These concerns cast doubt on the efficiency and environmental effectiveness of unilateral climate policies. ETSs implemented thus far include measures to address competitiveness and leakage concerns. This paper analyses the extent to which these unilateralmeasures affect linking of ETSs by taking the EuropeanUnion Emissions Trading Scheme (EU ETS) and the Australian Carbon Pricing Mechanism (ACPM) as case studies. In both the EU ETS and the ACPM, the free allocation of allowances to emissions-intensive trade-exposed sectors is the primary instrument of addressing leakage and competitiveness concerns. They, however, use different systems of free allocation. Although linking ETSs with different systems of allocation is technically possible, certain differences give rise to efficiency, competitiveness, equity, and environmental effectiveness concerns.

James Munro
Trade in Carbon Units as a Financial Service under International Trade Law: Recent Developments, Future Challenges
Carbon and Climate Law Review 2/2014: pp. 106-114 [Article]
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The question of whether international trade rules apply to the global carbonmarket has been a source of continuing academic debate. One particular source of disagreement is the extent to which trade in carbon units (also known as emissions permits or emissions allowances) constitutes a “financial service” for the purposes of the WTO Agreement’s Annex on Financial Services. This Article re-evaluates that debate in light of a number of key recent developments: the first everWTO dispute involving the Annex on Financial Services and shedding light on its scope and coverage; the designation of carbon units as “financial products” under the municipal law of a number of important jurisdictions; and the rapid proliferation of emissions trading schemes. These developments make clear that carbon markets are indeed subject to international trade rules, which could immediately impugn a number of emissions trading schemes that discriminate between carbon units based on their jurisdiction of origin.

Ingo Schlegel
Future of European Energy Taxes in the Context of Environmental Policy Instruments
Carbon and Climate Law Review 2/2014: pp. 115-124 [Article]
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I. Introduction On 13 April 2011, the EU Commission – department Taxation and Customs Union (TAXUD) – presented a proposal for a revision of the Energy Tax Directive (ETD)1 with the aim of bringing the energy taxation framework more closely in line with the EU’s energy and climate change objectives.2 The proposal has been subject to controversial discussion in the formal legislative process, and the outcome is still currently unclear.

Maria Anna Corvaglia
South - South Technology Transfer Addressing Climate Change and its (Missing) International Regulatory Framework
Carbon and Climate Law Review 2/2014: pp. 125-137 [Article]
[Click here to show Abstract]

In the ongoing discussion on the crucial role of technology to address climate change and the increasing international pressure on developing countries to combat global warming, this paper emphasises the role of developing countries as sources and not only as recipients of international technology innovations. South–South technology transfer represents an interesting alternative to the traditional pathway of North–South transfer of technological innovation but it still remains underestimated. No coherent or comprehensive international regulation for the new phenomenon of South–South technology transfer has yet been formulated. The UNFCCC Clean DevelopmentMechanism addresses merely the North–South movements of technologies, while the different WTO Agreements offer only indirect and partial regulations of specific aspects of themovements of knowledge and technology between developing countries. This paper aims at clarifying the potential of South-South technology transfer. Highlighting the institutional gap in the international environmental architecture, this research has the objective to also explore the trade-related incentives available at the moment in the multilateral trading system. “Bonum Diffusivum Sui” St. Thomas Aquinas

Ilan Gutherz, Anne-Sophie Tabau, Leonardo Massai
Current Developments in Carbon & Climate Law
Carbon and Climate Law Review 2/2014: pp. 138-143 [Feature]
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North America, International, European Union

compiled by Harro van Asselt
Book Reviews & New Publications
Carbon and Climate Law Review 2/2014: pp. 144-154
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Climate Change and International Trade, by Rafael Leal-Arcas Cheltenham: Edward Elgar 2013. 544pp., £110.00, hardback.

The Politics and Institutions of Global Energy Governance, by Thijs Van de Graaf London: Palgrave Macmillan, 2013. 190pp., $95.00, hardback.

Global Corruption Report: Climate Change, edited by Transparency International London: Earthscan, 2011. 400pp., £20.99, paperback.

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