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Greenhouse gas concentrations are rapidly increasing and as a
result, fundamental economic transitions are needed to limit global
warming. This essential book examines the climate and energy
policies of selected jurisdictions in Europe and East Asia that
have vowed to become carbon neutral. Climate and Energy Law and
Policy in the EU and East Asia provides important analyses of the
respective laws and policies of the European Union, China and South
Korea, and also touches upon Japan. Accounting for 43% of global
CO2 emissions, these jurisdictions are critical for success. While
nations share a common goal, the way policy priorities are set, and
the ways in which the climate crisis is managed, differ
tremendously. Chapters examine different law and policy approaches,
constraints and resulting implications for cooperation, thereby
contributing to the climate and energy transition discussions and
offering much-needed policy insights. This timely book will be of
great interest to researchers, students and scholars focusing on
climate and energy law and policy. It will additionally be
beneficial for policymakers and government officials seeking to
understand changes in energy policy.
Emissions trading systems have come to the fore as the most
economically efficient mechanisms that can be employed to bring
about an optimal greenhouse gas reduction goal. Even though much
has been written about the advantages and disadvantages of these
systems, one element of crucial importance - emission allowance
allocation - has not been considered in adequate depth until the
present study. Such an analysis takes on increased importance as it
seems likely that market-based auctioning will become the default
allocation method throughout the EU under a proposed amendment to
the Emissions Trading System (ETS) established by Directive
2003/87/EC. Taking a law and economics approach - that is, using a
combined perspective of industrial economics and legal analysis -
this important book examines the potential for anticompetitive
distortion that may result from auctioning emission allowances.
Among the issues investigated in depth are the following: * whether
the current setup of the EU ETS fosters allocative efficiency or
whether this allocative efficiency is hindered by legal impediments
or constraints; * whether EU competition law can serve to remedy
anticompetitive effects stemming from Member State actions taken
pursuant to Directive 2003/87/EC; * which allocation formats are
most desirable from an allocative efficiency and environmental
effectiveness point of view; * the importance of initial allocation
and adjustment of out-of-equilibrium situations under the amended
ETS; * whether auctioning allowances serves the attainment of
market equilibrium even in the continuing presence of 'polluter
havens'; * the effect of the ECJ's so-called 'joint application
jurisprudence' on the ETS; and * the allocation of allowances from
a state aid perspective. The book provides both a coherent typology
of emission allowance allocation mechanisms and the main
characteristics of the present emissions trading system, setting
the gained insights into a broader perspective. It examines how
various assignment mechanisms deal with issues such as price
determination, allocative efficiency and environmental
effectiveness. It considers how market-based allocation mechanisms
compare with administrative allocation mechanisms, particularly
those based on the widely applied grandfathering method. And
perhaps most important - and of especial value to practitioners and
policymakers - it identifies the auction design challenges that
must be addressed by the Commission in its implementing regulation
due by 30 June 2010.
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Nadine Gordimer
Paperback
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R398
R330
Discovery Miles 3 300
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