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Distributional Choices in EU Climate Change Law and Policy - Towards a Principled Approach? (Hardcover)
Loot Price: R3,966
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Distributional Choices in EU Climate Change Law and Policy - Towards a Principled Approach? (Hardcover)
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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.
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