Distributional Choices in EU Climate Change Policy Seen Through the Lens of Legal Principles PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Distributional Choices in EU Climate Change Policy Seen Through the Lens of Legal Principles PDF full book. Access full book title Distributional Choices in EU Climate Change Policy Seen Through the Lens of Legal Principles by Marjan Peeters. Download full books in PDF and EPUB format.
Author: Marjan Peeters
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
In the course of designing and implementing climate change policies, one of the core dilemmas that faces states is how to distribute the costs (and benefits) of those policies among the responsible greenhouse gas (GHG)-emitting sources. The effective implementation of intensive emission reduction targets will require substantial efforts from most sources across all sectors of society. This chapter summarises the main conclusions of a PhD project, financed by the Netherlands Organisation for Scientific Research (NWO) Vulnerability, Adaptation and Mitigation (VAM) project, which has examined distributional choices included in the climate law and policy of the European Union from the specific perspective of legal principles (see Javier de Cendra, Distributional choices in EU climate change law and policy: Towards a principled approach? Kluwer Law International, 2011). The main research question concerned the role of legal principles in making, assessing and testing distributional choices. In order to answer that question, the research developed a framework for assessing distributional choices from the perspective of legal principles, thereby contributing to a further understanding of the legal dimensions of the serious distributional dilemma implied in climate policymaking. The most relevant conclusion of the research is that the content of distributional choices made in EU climate change policy increasingly embodies -- despite significant remaining tensions -- the core meaning of the relevant legal principles. This would support the view that legal principles can, and have in fact, provided guidance in structuring and rationalising bargaining processes in EU climate change law and policy. Nevertheless, one important and persistent factor limiting the degree of this contribution of legal principles is the lack of agreement on the core content of some important legal principles, particularly the polluter pays principle, the integration principle and the CBDR principle. Thus, ongoing efforts to explore more in depth the core content of those principles should be promoted.
Author: Marjan Peeters
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
In the course of designing and implementing climate change policies, one of the core dilemmas that faces states is how to distribute the costs (and benefits) of those policies among the responsible greenhouse gas (GHG)-emitting sources. The effective implementation of intensive emission reduction targets will require substantial efforts from most sources across all sectors of society. This chapter summarises the main conclusions of a PhD project, financed by the Netherlands Organisation for Scientific Research (NWO) Vulnerability, Adaptation and Mitigation (VAM) project, which has examined distributional choices included in the climate law and policy of the European Union from the specific perspective of legal principles (see Javier de Cendra, Distributional choices in EU climate change law and policy: Towards a principled approach? Kluwer Law International, 2011). The main research question concerned the role of legal principles in making, assessing and testing distributional choices. In order to answer that question, the research developed a framework for assessing distributional choices from the perspective of legal principles, thereby contributing to a further understanding of the legal dimensions of the serious distributional dilemma implied in climate policymaking. The most relevant conclusion of the research is that the content of distributional choices made in EU climate change policy increasingly embodies -- despite significant remaining tensions -- the core meaning of the relevant legal principles. This would support the view that legal principles can, and have in fact, provided guidance in structuring and rationalising bargaining processes in EU climate change law and policy. Nevertheless, one important and persistent factor limiting the degree of this contribution of legal principles is the lack of agreement on the core content of some important legal principles, particularly the polluter pays principle, the integration principle and the CBDR principle. Thus, ongoing efforts to explore more in depth the core content of those principles should be promoted.
Author: Javier De Cendra de Larragán
Publisher: Kluwer Law International B.V.
ISBN: 9041133372
Category : Political Science
Languages : en
Pages : 570
Get Book Here
Book Description
Climate change policy inevitably has two core components: the goals, and the means chosen to pursue those goals. Decisions on goals and means necessarily have distributional consequences. Any policy choice generates winners and losers. While this outcome cannot be avoided - even doing nothing leads to distributional consequences - policymakers can, through the choice, design and implementation of policies, shape to some extent the distribution of the burdens of mitigation and adaptation to climate change. In greater depth than any previous legal study in the field, this book deals with the way in which the European Union (EU) has dealt with climate change and with the distribution of the benefits and costs of climate change mitigation policies among affected parties. With extraordinary thoroughness the author assesses the legality of choices made (particularly concerning mitigation targets and timelines), and examines the role that legal principles can play in the adoption, interpretation, and judicial testing of distributional choices. His analysis of the tension between such choices and EU law is bolstered by an exploration of emerging legal principles which could provide additional guidance in this challenging and controversial area. Among the core issues dealt with are the following: relationship among mitigation, adaptation, and sustainable development; regulations as means to make distributional choices distributional choices between generations and the principle of intergenerational justice distributional choices concerning firms and individuals the participation of affected parties in distributional choices access to justice in EU courts to challenge violations of procedural environmental rights the role of legal principles in making, evaluating and testing distributional choices the principle of proportionality with its tests of appropriateness and necessity; the principle of equality; the precautionary principle; the principle of prevention; the polluter pays principle; A concluding chapter offers deeply informed recommendations regarding the design of EU climate change law, including a preliminary assessment of EU wide personal carbon trading. In its insightful illumination of how the inevitable trade-offs, weaknesses, inconsistencies and ambiguities in the way law deals with distributional choices renders them vulnerable to external pressures, this book will be of enormous value to regulators and policymakers concerned with effective, efficient, and fair climate change measures. As a critical assessment of existing EU climate change laws and policies, and as a systematic analysis of the problem of burden sharing, this book will also prove highly valuable to academics in environmental fields of study.
Author: Pim Martens
Publisher: Routledge
ISBN: 1351278746
Category : Business & Economics
Languages : en
Pages : 441
Get Book Here
Book Description
Over the past few years, and certainly since the publication of the "Stern Report", there has been increasing recognition that climate change is not only an environmental crisis, but one with important social and economic dimensions. There is now a growing need for multi-disciplinary research and for the science of climate change to be usefully translated for policy-makers.Until very recently, scientific and policy emphasis on climate change has focused almost exclusively on mitigation efforts: mechanisms and regulations to reduce greenhouse gas emissions. The success of such efforts to date is debatable. In fact, the impact of ever more stringent emission control programmes could potentially have enormous social consequences. Little effort has been expended on the exploration of a systematic evaluation of climate stabilization benefits or the costs of adapting to a changed climate, let alone attempting to integrate different approaches. There is an increasing recognition that the key actors in the climate crisis also need to be preparing for change that is unavoidable. This has resulted in a greater consideration of vulnerability and adaptation.The book, based on the research programme "Vulnerability, Adaptation and Mitigation" (VAM) which ran from 2004 to 2010, funded by the Netherlands Organisation for Scientific Research (NWO), presents a cluster of case studies of industries, communities and institutions which each show how vulnerability, adaptation and mitigation analyses can be integrated using social behavioural sciences. Each chapter makes specific recommendations for the studied industry sector, community or institution, analyses the latest research developments of the field and identifies priorities for future research. The book argues that the inherent complexity of climate change will ultimately require a much more integrated response both scientifically – to better understand multiple causes and impacts – as well as at the scientific/policy interface, where new forms of engagement between scientists, policy-makers and wider stakeholder groups can make a valuable contribution to more informed climate policy and practice.The book is particularly timely as the scientific research and policy debate is shifting from one of problem-framing to new agendas that are much more concerned with implementation, the improvement of assessment methodologies from a multi-disciplinary perspective, and the reframing of current scientific understanding towards mitigation, adaptation and vulnerability. A critical element in responding to the climate change challenge will be to ensure the translation of these new scientific insights into innovative policy and practice "on the ground". This book provides some fundamental elements to answer this need.The Social and Behavioural Aspects of Climate Change: Linking Vulnerability, Adaptation and Mitigation will be essential reading for social science researchers and policy managers in the area of climate change, as well as for those who want to know what the social and behavioural sciences can contribute toward coping with climate hazards. NGOs, law firms and businesses in the energy sector or other climate related fields will also find the book of great value.
Author: Jamie Benidickson
Publisher: Edward Elgar Publishing
ISBN: 1781002991
Category : Law
Languages : en
Pages : 427
Get Book Here
Book Description
It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robus
Author: Signe Krogstrup
Publisher: International Monetary Fund
ISBN: 1513511955
Category : Business & Economics
Languages : en
Pages : 58
Get Book Here
Book Description
Climate change is one of the greatest challenges of this century. Mitigation requires a large-scale transition to a low-carbon economy. This paper provides an overview of the rapidly growing literature on the role of macroeconomic and financial policy tools in enabling this transition. The literature provides a menu of policy tools for mitigation. A key conclusion is that fiscal tools are first in line and central, but can and may need to be complemented by financial and monetary policy instruments. Some tools and policies raise unanswered questions about policy tool assignment and mandates, which we describe. The literature is scarce, however, on the most effective policy mix and the role of mitigation tools and goals in the overall policy framework.
Author: Daniel Bodansky
Publisher: Oxford University Press
ISBN: 0191643149
Category : Law
Languages : en
Pages : 366
Get Book Here
Book Description
This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.
Author: Stephen Humphreys
Publisher: ICHRP
ISBN: 2940259836
Category : Climatic changes
Languages : en
Pages : 127
Get Book Here
Book Description
Author: Reinhard Mechler
Publisher: Springer
ISBN: 3319720260
Category : Science
Languages : en
Pages : 563
Get Book Here
Book Description
This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.
Author: Navroz Dubash
Publisher: Routledge
ISBN: 1136521585
Category : Political Science
Languages : en
Pages : 425
Get Book Here
Book Description
How do policymakers, businesses and civil society in India approach the challenge of climate change? What do they believe global climate negotiations will achieve and how? And how are Indian political and policy debates internalizing climate change? Relatively little is known globally about internal climate debate in emerging industrializing countries, but what happens in rapidly growing economies like India’s will increasingly shape global climate change outcomes. This Handbook brings together prominent voices from India, including policymakers, politicians, business leaders, civil society activists and academics, to build a composite picture of contemporary Indian climate politics and policy. One section lays out the range of positions and substantive issues that shape Indian views on global climate negotiations. Another delves into national politics around climate change. A third looks at how climate change is beginning to be internalized in sectoral policy discussions over energy, urbanization, water, and forests. The volume is introduced by an essay that lays out the critical issues shaping climate politics in India, and its implications for global politics. The papers show that, within India, climate change is approached primarily as a developmental challenge and is marked by efforts to explore how multiple objectives of development, equity and climate mitigation can simultaneously be met. In addition, Indian perspectives on climate negotiations are in a state of flux. Considerations of equity across countries and a focus on the primary responsibility for action of wealthy countries continue to be central, but there are growing voices of concern on the impacts of climate change on India. How domestic debates over climate governance are resolved in the coming years, and the evolution of India’s global negotiation stance are likely to be important inputs toward creating shared understandings across countries in the years ahead, and identify ways forward. This volume on the Indian experience with climate change and development is a valuable contribution to both purposes.
Author: Nikolaus Thumm
Publisher: Springer Science & Business Media
ISBN: 3662121018
Category : Business & Economics
Languages : en
Pages : 169
Get Book Here
Book Description
This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.
