Issue 4/2011

The Proposed UNFCCC CDM Materiality Standard and Brazil’s Domestic Sustainable Development Assessment
D.Phil. John C. Cole
The Kyoto Protocol’s Clean Development Mechanism (CDM) pursues two stated goals: greenhouse gas (GHG) emission reductions and sustainable development. The United Nations Framework Convention on Climate Change (UNFCCC) CDM Executive Board (EB) is empowered to determine GHG emission reductions-related matters, and individual CDM projects’ host countries are empowered to determine whether a proposed project will further sustainable development.
The Role of ICAO in Regulating the Greenhouse Gas Emissions of Aircraft
Jin Liu
This article explores the role of the International Civil Aviation Organization (ICAO) in regulating civil aircraft engine emissions in the age of climate change. The Kyoto Protocol allocates authority for international aviation emissions to ICAO, but the organisation has failed to provide effective regulation over the past fourteen years. This article examines why ICAO was granted such authority, what might account for ICAO’s failure and explores the role of ICAO in the future. It argues that the ICAO should not be the sole regulatory authority for the aviation industry, but that it has an important contribution to make in terms of technical expertise and auditing capacity.
Regulating Climate Engineering: Paradigmatic Aspects of the Regulation of Ocean Fertilization
Dr. Till Markus, Dr. jur. Harald Ginzky
In recent years, ocean fertilization as a climate engineering measure has received considerable attention in the media, politics, and social and legal sciences. Many issues and questions concerning climate engineering in general have developed and evolved around the topic of ocean fertilization. In addition, ocean fertilization is the first specific climate engineering method regulated under international law.
A Primer on the Legality of Border Adjustments for Carbon Prices: Through a GATT Darkly
Charles E. McLure
Under the Kyoto Protocol developed countries, other than the United States (and Australia initially), agreed to reduce CO2 emissions. Some countries use market mechanisms that produce a price for carbon, such as cap and trade systems or (less commonly) carbon taxes, to meet these commitments, by raising the private cost of emissions, and others will likely follow. In tax policy parlance, these are origin-based commitments and carbon prices: they apply to exports, but not imports.
“Emissions Offshoring”: Repercussions for International Trade
Dr. Doaa Abdel Motaal
In the corridors of the World Trade Organization (WTO) and the meetings of the United Nations Framework Convention on Climate Change (UNFCCC), many governments have expressed the fear that border measures of various sorts, such as the imposition carbon tariffs on imported products, would be used to combat climate change. The use of such measures had been touted by the both the United States (US) and the European Union (EU) on several occasions in the past.
Forests and Climate Change Policy: An Analysis of Three REDD-Plus Design Options
Jay Tufano
The continuing debate over climate change and emission reduction strategies widely turns on fossil fuel consumption, industrial emissions, and renewable energy. Nevertheless, comprising the world’s largest stores of terrestrial carbon, forests have assumed a critical, active, and expanding role in climate change policy.


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