Issue 3/2010

- The Carbon-Added Tax: An Idea Whose Time Should Never Come
- An Appeals Process for the Kyoto Protocol’s Clean Development Mechanism
- ...

Litigating the NAP: Legal Challenges for the Emissions Trading Scheme of the European Union
Sanja Bogojevic
There has been a sharp increase in the amount of litigation regarding the European Union Emissions Trading Scheme in recent years. Cases revolve mainly around the limits of the Commission’s discretion in reviewing National Allocation Plans (NAPs).
Subsidizing Carbon Capture and Storage Demonstration through the EU ETS New Entrants Reserve: A Proportionality Test
Marijn Holwerda
Upon its adoption in the Directive revising the European Greenhouse Gas Emission Trading Scheme (Directive 2009/29), Article 10(a)8 was heavily criticized by a number of environmental organizations and legal scholars for disturbing the EU ETS’ market mechanism.
Legal Uncertainties of Carbon Capture and Storage in the EU: The Netherlands as an Example
Dr. Avelien Haan-Kamminga, Martha M. Roggenkamp, Edwin Woerdman
The new EU Directive for the geological storage of CO2 aims at providing a legal framework for the development of CCS. However, the Directive does not remove all legal barriers and uncertainties. Capture, transport and storage of CO2 are covered by a large number of international, European and national regulations, resulting in various legal unknowns. These obstacles and uncertainties need to be removed in order to provide companies with a proper incentive to invest in CCS.
The Carbon-Added Tax: An Idea Whose Time Should Never Come
Charles E. McLure
A “carbon-added tax” (CAT) patterned after the credit-method value- added tax is inadvisable. CAT would be calculated by subtracting (allowing credit for) tax on the carbon content on imports, shown on invoices, from the carbon content of sales.
Brazil’s Policy on Climate Change: Recent Legislation and Challenges to Implementation
Natascha Trennepohl
Brazil has recently approved its National Policy on Climate Change and set greenhouse gas (GHG) emissions reduction targets for 2020. Central characteristics of this policy and obstacles to its implementation are described in this article, starting with a short overview of Brazil’s GHG emissions and energy matrix, as well as some pioneering programs that have helped reduce GHG emissions. The adoption of this policy shows a major shift in the country’s attitude toward GHG emissions; however, there are still important challenges in its implementation that need to be overcome.
Climate Crime: Can Responsibility for Climate Change Damage be Criminalised?
Dr. Marc Byrne
As the world drifts towards dangerous climate change, there have been allegations that the acts or behaviour of governments, corporations and even individuals constitute “climate crimes.” In the near future, nations that see themselves as victims of climate change may also use the allegation of climate crime to seek redress from those they hold responsible. It is unlikely that exceeding emission targets or failing to assist victim states with adaptation efforts will be criminalised, although they may be subject to stronger or new civil sanctions in international law. Nevertheless, some harmful acts which contribute to climate change damage and are relatively easy to monitor and prosecute are likely to be subject to criminal sanctions.
An Appeals Process for the Kyoto Protocol’s Clean Development Mechanism
RA Dr. Ludger Giesberts, Alexander Sarac
Being able to challenge a decision taken by an administrative body, regulatory authority, or junior court is a concept with which most individuals and corporate entities will be instinctively familiar. It is a principle which lies at the heart of the majority of developed legal systems around the world. However, the commercial stakeholders operating within the CDM are an exception; for them there is no appeal from the decisions of the CDM Executive Board.


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