scholarly journals Legal issues in carbon farming: Biosequestration, carbon pricing, and carbon rights

Climate Law ◽  
2011 ◽  
Vol 2 (4) ◽  
pp. 515-533
Author(s):  
Nicola Durrant

This paper critically analyses the proposed Australian regulatory approach to the crediting of biological sequestration activities (biosequestration) under the Australian Carbon Farming Initiative and its interaction with state-based carbon rights, the national carbon-pricing mechanism, and the international Kyoto Protocol and carbon-trading markets. Norms and principles have been established by the Kyoto Protocol to guide the creation of additional, verifiable, and permanent credits from biosequestration activities. This paper examines the proposed arrangements under the Australian Carbon Farming Initiative and Carbon Pricing Mechanism to determine whether they are consistent with those international norms and standards. This paper identifies a number of anomalies associated with the legal treatment of additionality and permanence and issuance of carbon credits within the Australian schemes. In light of this, the paper considers the possible legal implications for the national and international transfer, surrender and use of these offset credits.

2020 ◽  
Author(s):  
Elisabeth DeMarco ◽  
Robert Routliffe ◽  
Heather Landymore

On 17 December 2002, Canada ratified the Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto Protocol), taking on binding targets to reduce Canadian emissions of greenhouse gases (GHGs). Canada's ratification decision and the proposed domestic emissions trading system forming part of Canada's Kyoto implementation plan continue to be the source of considerable disagreement and conflict between the provinces and thefederal government regarding: the practical challenges associated with multiple Canadian jurisdictions implementing emissions trading systems: the current status and legal issues associated with covenants between industry and government(s) to enforce GHG reduction targets; the legal jurisdiction over domestic emissions trading system(s); and the impact on interprovincial and international trade. Each ofthese issues is examined in the unique Canadian legal context. The authors conclude that many ofthe most significant challenges may be mitigated through harmonization and coordination byfederal and provincial governments in a manner that allows for local concerns to be addressed without fragmenting the Canadian emissions markets.


2008 ◽  
Vol 84 (2) ◽  
pp. 162-165
Author(s):  
Donna St. Jean Conti

The purpose of this paper is to provide an overview of what carbon sequestration is, how forests are used as natural carbon sinks and how selling carbon credits is proving to be a potentially new revenue stream for organizations and other entities managing large tracks of forested area. Finally, this paper will show how Remsoft’s spatial planning and modeling software system enables efficient and effective management of forests as carbon sinks. Key words: carbon sequestration, carbon credits, carbon trading, forestry, forests as carbon sinks, spatial planning and modeling software, Remsoft


2012 ◽  
Vol 50 (4) ◽  
pp. 1143-1145

Barry G. Rabe of Gerald R. Ford School of Public Policy, University of Michigan reviews, “Carbon Coalitions: Business, Climate Politics, and the Rise of Emissions Trading” by Jonas Meckling. The EconLit Abstract of this book begins: “Explores the strategies, level of influence, and sources of influence of business with regard to market-based climate policy, focusing on the role and importance of business in the rise of emissions trading. Discusses business coalitions in global environmental politics; the political economy of carbon trading; the Kyoto Protocol—internationalizing a U.S. regulatory approach; the European Union—from foe to friend of carbon trading; the United States— reimporting carbon trading; and business and the rise of market-based climate governance. Meckling is a postdoctoral fellow at the Belfer Center for Science and International Affairs at Harvard University. Index.”


2018 ◽  
Vol 24 (5) ◽  
pp. 2098-2130 ◽  
Author(s):  
Su-Ling Fan ◽  
Cen-Ying Lee ◽  
Heap-Yih Chong ◽  
Mirosław J. Skibniewski

Although there are many discussions of the legal implications of BIM, none of the studies provides a comprehensive review of the legal issues associated with BIM; nor do they evaluate the solutions currently available to address the issues. This paper aims to provide a critical review of the legal issues arising from using BIM and of their associated solutions. A systematic review was conducted of fifty-five (55) journal articles and conference papers published from 2007 to 2017 to identify the legal issues. The identified legal issues were then analysed in relation to the solutions provided by the construction industry. The results of the study revealed that (1) an alternative project delivery approach that does not modify the original orientation of the design-bid-build procurement structure is required to deliver BIM effectively. (2) The potential change in the standard of care for project participants due to additional roles required in delivering BIM needs further investigation. (3) The roles for auditing a BIM delivery system must be included in the contracts to ensure the quality and compliance of BIM deliverables. The study not only reviews the legal issues associated with BIM, but more importantly, it also offers significant insights for future research.


2019 ◽  
Vol 12 (2) ◽  
pp. 47-77
Author(s):  
Julija Kiršienė ◽  
Christopher Kelley ◽  
Deividas Kiršys ◽  
Juras Žymančius

Abstract This article participates in mapping existing legal implications stemming from contemporary innovation. The article relies on a case analysis of artificial intelligence, drones and blockchain, to reflect a majority of the underlying legal issues to which many emerging innovations might contribute, and it attempts to map them into different categories of challenges – liability, privacy, and property. It concludes by pinpointing three main reasons behind the identified legal implications: the growing “consciousness” and autonomy of emerging technologies, the growing availability of transformative innovations to the broad public and the development of participatory models in economy and other social spheres, including law, and the tendency for transformative innovations to function in regulatory uncertainty. As a means to cope with challenges generated by technological progress, the article leans towards a process-focused approach that promotes embedding values in the early stages of technological development.


Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 144
Author(s):  
Amri Ubaidillah

This study discuss legal issues concerning control of reclamation without possessing land rights as the result of the unregistered reclamation by communities in the Village of Tanddan, Sub-district Campling in the Sampang Regency. The aim of this study is to show legal implications and analyze effectivity of law enforcement on the accomplishment land control of reclamation without possession. By using empirical legal research with socio-juridical approach, the result of study shows that legal subject cannot control over and build houses over land of reclamation withou posession of land rights. In other words, houses built over land of reclamation without land rights can be evicted without any compensation. Therefore, such land of reclamation should be registered  as the governmental land to the National Agrarian Board or Badan Pertanahan nasional (BPN) in the Sampang regency. It also affirms that there is a problem of effeciency of law enforcement on the accomplishment of land control of reclamation without any repressive and preventive measures. Keywords:  Land Control, Reclamation, Sampang


FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (2) ◽  
Author(s):  
Sinta Wahyu Purnama Sari ◽  
Widya Krulinasari

This research aims to describe the carbon trading according to international law and its implementation in Indonesia. It uses juridical-normative research methods. Climate change is one of the major environmental issues in the world, it causes an adverse effect to human life. Basically it comes from human activities. To follow up the issue, then countries try to solve it by taking an action to reduce the emissions. Through the first Earth Summit in Rio De Janeiro-Brazil in 1992, which produces the Convention on Climate Change (UNFCCC); one of the achievements of the UNFCCC is the Kyoto Protocol, wherein the Protocol contains two important things, namely the commitment of developed countries to reduce the rate of emissions compared to 1990, and the possibility of carbon trading mechanisms. Indonesia is one of the countries that have ratified both the UNFCCC through Law No. 6 of 1994, and the Kyoto Protocol through Law No. 17 of 2004. There are also some related regulations. However, of all existing laws, the government has not put out implementing regulations or instructions about carbon trading specifically. Keywords: Carbon Trading, International Law, Indonesia.


2016 ◽  
Vol 6 (1) ◽  
pp. 121
Author(s):  
Po-Young Chu ◽  
Yu-Ling Lin ◽  
Cyuan-Sian Guo

<p>The challenges from the climate change and the global warming have become one of the most important issues to solve in the world. Under the Kyoto Protocol, countries which have signed the Kyoto Protocol have faced the pressure of reducing greenhouse gas emissions. The two main policies for reducing carbon dioxide are “carbon tax” and “carbon trading”. This research explores which policy will be more suitable for the society and economic environment of Taiwan. This research uses EIA database, the statistical data from the Taiwan Bureau of Energy, Ministry of Economic Affairs, and the data from AREMOS database from 1982 to 2010. The dependent variable is the emission of carbon dioxide, and the independent variables are premium diesel oil price index, population, GDP per capita and the squared term of GDP per capita. The research method is based on the Ordinary Least Squares to estimate the ecological elasticity in the STIRPAT model by analyzing the influence of the change of energy price to the change of the emission of carbon dioxide. From the empirical result, it was discovered that though the energy price and the emission of carbon dioxide was negatively correlated, the ecological elasticity was inelastic. As a result, carbon trading seems a more suitable policy for Taiwan.</p>


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