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Emissions Trading Schemes - Markets, States and Law (Hardcover, New)
Loot Price: R2,986
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Emissions Trading Schemes - Markets, States and Law (Hardcover, New)
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Over the last four decades emissions trading has enjoyed a high
profile in environmental law scholarship and in environmental law
and policy. Much of the discussion is promotional, preferring
emissions trading above other regulatory strategies without,
however, engaging with legal complexities embedded in
conceptualising, scrutinising and managing emissions trading
regimes. The combined effect of these debates is to create a
perception that emissions trading is a straightforward regulatory
strategy, imposable across various jurisdictions and environmental
settings. This book shows that this view is problematic for at
least two reasons. First, emissions trading responds to distinct
environmental and non-environmental goals, including creating
profit-centres, substituting bureaucratic control of resources, and
ensuring regulatory compliance. This is important, as the
particular purpose entrusted to a given emissions trading regime
has, as its corollary, a particular governance structure, according
to which the regime may be constructed and managed, and which
trusts the emissions market, the state and rights in emissions
allowances with distinct roles. Second, the governance structures
of emissions trading regimes are culture-specific, which is a
significant reminder of the importance of law in understanding not
only how emissions trading schemes function but also what meaning
is given to them as regulatory strategies. This is shown by
deconstructing emissions trading discourses: that is, by inquiring
into the assumptions about emissions trading, as featuring in
emissions trading scholarship and in debates involving law and
policymakers and the judiciary at the EU level. Ultimately, this
book makes a strong argument for reconfiguring the common
understanding of emissions trading schemes as regulatory
strategies, and sets out a framework for analysis to sustain that
reconfiguration.
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