Emissions Trading Schemes Under International Economic Law

The announcement by China that it will implement a national emissions trading scheme confirms the status of this instrument as the pre-eminent policy choice for mitigating climate change. China will join the dozens of existing and emerging schemes around the world - from the EU to California, South Korea to New Zealand - that use carbon units (otherwise known as emissions permits or carbon credits) to trade in greenhouse gas emissions in a multi-billion dollar global carbon market. However, to date, there has been no consensus about this pre-eminent policy instrument being regulated by international economic law through the World Trade Organization, international investment agreements, and free trade agreements.

The announcement by China that it will implement a national emissions trading scheme confirms the status of this instrument as the pre-eminent policy choice for mitigating climate change. China will join the dozens of existing and emerging schemes around the world - from the EU to California, South Korea to New Zealand - that use carbon units (otherwise known as emissions permits or carbon credits) to trade in greenhouse gas emissions in a multi-billion dollar global carbon market. However, to date, there has been no consensus about this pre-eminent policy instrument being regulated by international economic law through the World Trade Organization, international investment agreements, and free trade agreements. Munro addresses this issue by evaluating whether carbon units qualify as 'goods', 'services', 'financial services', and 'investments' under international economic law and showing how international economic law applies to emissions trading scheme in diverse and unexpected ways. Further, by engaging in a comparative assessment of schemes around the world, his book illustrates how and why all emissions trading schemes engage in various forms of violations of international economic law which would not, in most instances, be justified by environmental or other exceptions. In doing so, he demonstrates how such schemes can be designed or reformed in ways to ensure their future compliance.

Emissions Trading and WTO Law examines the global trade issues that arise as a result of the introduction of emissions trading frameworks. The book focusses specifically on the rules of the WTO, as a tool to demonstrate where the boundaries exist for a

Paying the Carbon Price analyses the practice of freely allocating permits in Emissions Trading Schemes (ETSs) and demonstrates how many heavy polluters participating in ETSs are not yet paying the full price of carbon. This innovative book provides a framework to assist policymakers in the design of transitional assistance measures that are both legally robust and will support the effectiveness of the ETSs whilst limiting negative impacts on international trade.

Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing on law, economics and at times, political science, to present relevant research strands regarding emissions trading. Intermixing theoretical insights with experiences from existing trading systems, this Handbook offers insights that can be applied around the world. It identifies key bodies of research for both upcoming and seasoned people in the field and highlights future research opportunities.

'Emission markets are crucial both to provide the right incentives to reduce GHG emissions and to fund investments necessary for a transition to a low carbon world. Emission markets however cannot achieve these objectives if inappropriately designed. This book is a novel and fresh attempt to look at the real functioning of the EU Emission Trading Scheme and to assess its effectiveness and inconsistencies, its positive and negative impacts on industrial and financial markets. With the overall objective to improve its design and performance.' Carlo Carraro, University of Venice, Italy '. . . this important book has the great achievement of addressing a complicated and socially highly debated issue of how society could be given optimal incentives for emission reductions from a legal and economic perspective. Moreover, it not only addresses the various issues from a theoretical perspective, but provides important empirical evidence on the working of emissions trading as well. The book will undoubtedly have important lessons not only at the theoretical level, but also for policy makers interested in improving the effectiveness of emission trading schemes.' From the foreword by Michael Faure This unique and up-to-date book analyses the functioning of the European Emissions Trading Scheme (ETS) and assesses the extent to which relevant legislation has affected its capacity to promote cost-effective reduction of European carbon emissions. The author investigates whether inefficiency has been caused by both the ETS cap setting procedure and by the ETS relevant allocation rule, as defined by Directive 2003/87/EC. He then considers whether the new Directive 2009/29/EC, which reforms the ETS institutional design, is likely to improve the scheme's effectiveness by reducing the risk of carbon leakage which could potentially be a consequence of implementing a unilateral policy across the asymmetric political landscape of Europe. This well-documented book will appeal to researchers and postgraduate students in environmental law and environmental economics, as well as policymakers within environment, industry and economics, and electric and industrial operators and stakeholders. Environmental NGOs, energy and environmental consulting groups, members of the European Commission, and energy and environmental think-tanks will also find much to interest them in this insightful book.

This timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU’s commitment to significantly cut emissions by 2030.

Since 2005 the carbon market has grown to a value of nearly $100 billion per annum, including the EU Emissions Trading Scheme and other schemes. This work covers the legal aspects of these schemes, as well as reform of the ETS, and the successor regime to the 1997 Kyoto Protocol currently being negotiated. It will be invaluable to those involved in the field.