The instrumentalization of property : legal interests in the EU emissions trading system

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Where to find it

Law Library — 1st Floor Collection (1st floor)

Call Number
KJE6249 .M36 2014
Status
Available

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Summary

As a system of regulation which employs tradable instruments to achieve public policy goals, emissions trading has emerged as a persuasive solution to the global problem of climate change. However, significant contention exists in respect of the use of tradable permit regimes to counteract air pollution è^' for example, that they do not reduce emissions as such, that they stifle innovation, and that they disadvantage developing countries. Moreover, many highlight the failure of such regimes to deliver significant levels of emissions abatement that can make a real difference to climate change policy.

Contents

Introduction -- The origins and workings of the EU ETS, and the importance of the analytical construction of emissions entitlements -- Commercial contracts in the EU emissions market: addressing risks and achieving environmental goals -- The constitutive elements of property and their application to emissions entitlements -- The constitutive elements of property: a comparison between intellectual property rights, milk quotas, spectrum licences and emissions entitlements -- Conclusion: the rise of instrumental property.

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