The announcement by China that it will implement a national emissions trading scheme confirms the status of this instrument as the pre-eminent policy choice for mitigating climate change. China will join the dozens of existing and emerging schemes around the world - from the EU to California, South Korea to New Zealand - that use carbon units (otherwise known as emissions permits or carbon credits) to trade in greenhouse gas emissions in a multi-billion dollar global carbon market.
However, to date, there has been no consensus about this pre-eminent policy instrument being regulated by international economic law through the World Trade Organization, international investment agreements, and free trade agreements. Munro addresses this issue by evaluating whether carbon units qualify as 'goods', 'services', 'financial services', and 'investments' under international economic law and showing how international economic law applies to emissions trading scheme in diverse and unexpected ways. Further, by engaging in a comparative assessment of schemes around the world, his book illustrates how and why all emissions trading schemes engage in various forms of violations of international economic law which would not, in most instances, be justified by environmental or other exceptions. In doing so, he demonstrates how such schemes can be designed or reformed in ways to ensure their future compliance.
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Emissions trading schemes are the future of climate policy. This book provides a definitive assessment of whether and how emissions trading schemes around the world are regulated by international economic law - that is, by the World Trade Organization, international investment agreements, and free trade agreements.
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1: Introduction
I: CONCEPTUAL FOUNDATIONS: EMISSIONS TRADING SCHEMES AND INTERNATIONAL LAW
2: Applying International Economic Law to Emissions Trading Schemes: Treaty Interpretation and the Paris Agreement
3: Carbon Units and Emissions Trading Schemes
II: CHARACTERISATION OF CARBON UNITS UNDER INTERNATIONAL ECONOMIC LAW
4: International Trade in Carbon Units under GATT 1994 and Free Trade Agreements
5: International Trade in Carbon Units under GATS and Free Trade Agreements
6: International Trade in Carbon Units and Financial Services
7: Carbon Units as 'Investments' under International Investment Agreements
III: CONSISTENCY OF EMISSIONS TRADING SCHEMES WITH INTERNATIONAL ECONOMIC LAW
8: A Taxonomy of Prima Facie Violations of International Economic Law
9: Exceptions
10: Conclusion
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Presents a comparative assessment of international emissions trading schemes to demonstrate the design features most vulnerable to international economic law
Provides a comprehensive and practical roadmap for policy-makers and practitioners for how such schemes can be designed in compliant ways
Addresses China's emerging emissions trading scheme
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James Munro has worked as a lawyer at the World Trade Organization on international trade litigation at both the panel and appellate stages. He has also practised in the fields of international trade and investment law for the Australian Government, including advising on domestic compliance with international economic law, free trade agreements, trade remedies investigations, and serving as negotiator and legal counsel on various trade and environment treaties.
Munro has published a number of peer-reviewed contributions on subjects relating to international trade and investment law, and holds a PhD from the University of Melbourne in this field.
It should be noted that this present contribution does not necessarily reflect the views of any current or former employer.
Les mer
Presents a comparative assessment of international emissions trading schemes to demonstrate the design features most vulnerable to international economic law
Provides a comprehensive and practical roadmap for policy-makers and practitioners for how such schemes can be designed in compliant ways
Addresses China's emerging emissions trading scheme
Les mer
Produktdetaljer
ISBN
9780198828709
Publisert
2018
Utgiver
Vendor
Oxford University Press
Vekt
492 gr
Høyde
242 mm
Bredde
163 mm
Dybde
19 mm
Aldersnivå
P, UP, 06, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
220
Forfatter