CCLR 4/2014

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 4/2014

Table of Contents

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Michael Mehling
Carbon and Climate Law Review 4/2014: pp. 237-237
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If our growing experience with legal and regulatory efforts to address climate change has taught us anything, it is that we face a complex challenge of unprecedented scope, one whose ramifications transcend most if not all previous objects of environmental policy. In many ways, the articles contained in this issue are symptomatic of this diagnosis, a detailed miniature of the broader canvas of climate law and policy.

Eike Albrecht and Dörte Schneemann
Fracking in the United Kingdom: Regulatory Challenges between Resource Mobilisation and Environmental Protection
Carbon and Climate Law Review 4/2014: pp. 238-246 [Article]
[Click here to show Abstract]

This article will outline the existing regulatory framework with regard to shale gas extraction and development in the UK and analyse potential implications for the functioning of European and UK legislation in this field with consideration of environmental provisions. Moreover, the impact on wider energy policy objectives of the individualMember States’ implementation of these guidelines will be described.

Miguel Frohlich and Assed Haddad
Legal Efforts to Address Climate Change under Environmental Permitting Laws in the State of Rio de Janeiro
Carbon and Climate Law Review 4/2014: pp. 247-256 [Article]
[Click here to show Abstract]

This article presents an analysis of the laws of the State of Rio de Janeiro, Brazil, related to climate change and their interaction with environmental permitting. In the introduction, the current situation of the international climate change regime is briefly discussed, as well as the creation of the Brazilian legislative framework for climate change at the federal level. After reviewing the history of the creation of climate change legislation in the State of Rio de Janeiro, this article addresses the application of this legal regime under environmental permitting. The conclusion points to a trend of incorporating climate change restrictions in environmental permits to be issued in the State of Rio de Janeiro. These may be subjected to court challenges in the future due to the legal uncertainty created by federal and state climate change laws which did not adequately define the role of the private sector in efforts to reduce greenhouse gases (GHG) emissions.

Mathias Fridahl, Prabhat Upadhyaya and Björn-Ola Linnér
Supporting Nationally Appropriate Mitigation Actions through the Green Climate Fund: Governance Capacities and Challenges
Carbon and Climate Law Review 4/2014: pp. 257-269 [Article]
[Click here to show Abstract]

The Green Climate Fund (GCF) is emerging as an innovative multilateral climate finance institution to support adaptation andmitigation, including Nationally AppropriateMitigation Actions (NAMAs), in developing countries. Using perspectives from the international environmental law and governance literature, this article identifies a crucial governance challenge facing NAMA support, a challenge related to states’ obligations vis-à-vis the GCF, and analyses the delegation and precision of governance capacities granted to the GCF Board to address that challenge. The GCF must engage in a balancing act. On the one hand, the absence of distinct criteria for deciding on NAMA support may prompt potential funders to pursue bilateral or other channels for support. On the other hand, too rigid a criteria may reduce developing countries’ submission and “ownership” of NAMA proposals. Both aspects potentially challenge the effectiveness of theGCF’sNAMA support. The Board has been granted a high governance capacity, relative to its mother institution the UNFCCC, to efficiently address this balancing act. Inability to exercise this capacity, however, may result in the establishment of a strong but empty shell for NAMA support.

Sophie Chapman, Martijn Wilder and Ilona Millar
Defining the Legal Elements of Benefit Sharing in the Context of REDD+
Carbon and Climate Law Review 4/2014: pp. 270-281 [Article]
[Click here to show Abstract]

How to share the benefits from REDD+ implementation is an important consideration for any country. For benefit sharing mechanisms designed to operate at the national level (often referred to as Benefit Distribution Systems), subnational level or project level, common structural elements will exist. In legal terms, this article refers to these as the legal elements of benefit sharing. From a legal perspective, the key questions to consider with respect to benefit sharing include how benefits are defined, how benefits are allocated (and to whom), howbenefits are distributed, and howto ensure the accountability of benefit sharing arrangements (such as measures to ensure public participation and transparency). In order to assist stakeholders to deconstruct and organise themany different issues discussed within benefit sharing dialogues, this article offers a conceptual model of benefit sharing from a legal perspective, identifying and describing the different structural elements underpinning benefit sharing arrangements at any level of REDD+ implementation.

Angelica P. Rutherford
Linking Emissions Trading Schemes: Lessons from the EU-Swiss ETSs
Carbon and Climate Law Review 4/2014: pp. 282-290 [Article]
[Click here to show Abstract]

The EU launched its Emissions Trading Scheme (EU ETS) as a central pillar of European climate policy and envisages linking it with other ETSs. However, to what extent are linkages feasible? This work aims at examining some of the questions raised regarding linkage of the EU ETS with other regional or national emissions trading schemes by discussing: (i) the contribution of the EU ETS to the EU climate leadership; (ii) questions raised regarding the concept of linkage; (iii) the institutional, economic and political implications involved in linking. The EU and Swiss ETSs are taken as a case example.

Anne-Sophie Tabau, Leonardo Massai, Ilan Gutherz
Current Developments in Carbon & Climate Law
Carbon and Climate Law Review 4/2014: pp. 291-295 [Feature]
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nternational, European Union, North America

Harro van Asselt
Book Reviews & New Publications
Carbon and Climate Law Review 4/2014: pp. 296-304
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Handbook of Climate Change and India: Development, Politics and Governance, edited by Navroz K. Dubash London: Earthscan, 2011. 400pp., £225.00, hardback.

EU Climate Policy. Industry, Policy Interaction and External Environment, by Elin Lerum Boasson and Jørgen Wettestad Farnham: Ashgate, 2013. 223pp., £27.00, hardback.

Climate Law in EU Member States. Towards National Legislation for Climate Protection, edited by Marjan Peeters, Mark Stallworthy and Javier de Cendra de Larragán Cheltenham: Edward Elgar, 2012. 377pp., £105.00, hardback.

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ISSN 16 19-52 72

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