scholarly journals Principles of Kyoto and Emissions Trading Systems: A Primer for Energy Lawyers

2020 ◽  
Author(s):  
Brian Evans

The Kyoto Protocol defines new emissions standards to be met by the international community in respect of greenhouse gases, the aim of which is to curb the present trend of adverse climate change. The specific responses of ratifying governments to bring about the desired changes will significantly impact citizenry and industry alike. This article addresses the issues surrounding emissions trading systems as market-based policy instruments that may ultimately contribute to Canada s legislative response to the Kyoto standards. Central to this question is the need to familiarize legal practitioners with the implications of climate change and the range of policy responses available to government in the context of emissions trading systems. The author examines responses open to the governments of Canada and Alberta through a review of the international reaction to climate change, the role of emissions trading in environmental regulation generally and the anticipated use of emissions trading to comply with the Kyoto Protocol in the future. The author presents an in-depth analysis of the principles underlying the design of domestic emissions trading systems, of the legislative authority surrounding their implementation and of the need for affected businesses to strategically plan for ensuing changes. The author concludes that while Canada has not yet adopted a policy on domestic emissions trading systems in respect of the Kyoto Protocol, the potential impact of emission standards on domestic sources is pronounced, meriting an inspection of the design features that may form a pan of such trading schemes.

Author(s):  
Anthony R. Zito

New policy instruments have come onto the policy agenda since the 1970s, but there is a real question as to whether the ideas behind the design of such tools are actually all that “new” when you assess the role of the policy instrument in its particular institutional and policy context. Taking Hood’s 1983 categorization of instruments as tools that manipulate society to achieve public goals via nodality (information), authority, treasure (finance), or organization, we can find instances where innovations in these areas pre-date the 1970s. Nevertheless, the mention of these instruments in international organizations such as the Organization for Economic Cooperation and Development (OECD) and national institutions and debates as the means for both improving governance and protecting economic efficiency have increased in light of a number of interacting trends: the rise of neo-liberal and new management ideologies, the increasing perception of a number of wicked problems (e.g., climate change) and nested, politically sensitive problems (e.g., health and welfare policy), a rethinking of the role of the state, and other reasons. A typology is offered for differentiating changes and innovation in policy instruments. There have been some very notable and complex policy instruments that have reshaped politics and public policy in a particular policy sector: a notable example of this is emissions trading systems, which create market conditions to reduce emissions of climate change gases and other by-products. Information and financial instruments have become more prominent as tools used to achieve policy aims by the state, but equally significant is the fact that, in some cases, it is the societal actors themselves that are organizing and supporting the management of an instrument voluntarily. However, this obscures the fact that a much more significant evolution of policy instruments has come in the area that is associated with traditional governing, namely regulation. The reality of this “command and control” instrument is that many historical situations have witnessed a more flexible relationship between the regulator and the regulated than the term suggests. Nevertheless, many OECD political systems have seen a move towards “smart” or flexible regulation. In promoting this new understanding of regulation, it is increasingly important to see regulation as being supplemented by, supported by, and sometimes reinforcing new policy instruments. It is the integration of these “newer” policy instruments into the regulatory framework that represents perhaps the most significant change. Nevertheless, there is some reason to question the real impact new policy instruments have in terms of effectiveness and democratic legitimacy.


Author(s):  
Müslüme Narin

The growth of the world economy, rapid population growth and urbanization increased the demand for energy. Nowadays, a large part of the growing demand for energy provided by fossil fuels, carbon dioxide and greenhouse gas emissions resulting from the burning of these fuels leading to climate change and global warming. Reduction of greenhouse gas emissions in 1994 to the United Nations Framework Convention on Climate Change, the Kyoto Protocol entered into force in 2005. The Kyoto Protocol, emission volume of the three market-based flexibility mechanisms have to be considered. One of these mechanisms is emissions trading. This study will focus on emissions trading systems and carbon markets. All over the world in recent years, based on the spot and futures contracts are traded on the carbon. In this direction of the world's carbon stocks and its activities will be discussed. Also in 2008, in the aftermath of the global crisis and European Debt Crisis its effects on carbon markets will be investigated.


2021 ◽  
Vol 26 (3) ◽  
pp. 205-210
Author(s):  
Simone Borghesi

AbstractThe present article describes the main insights deriving from the papers collected in this special issue which jointly provide a ‘room with a view’ on some of the most relevant issues in climate policy such as: the role of uncertainty, the distributional implications of climate change, the drivers and applications of decarbonizing innovation, the role of emissions trading and its interactions with companion policies. While looking at different issues and from different angles, all papers share a similar attention to policy aspects and implications, especially in developing countries. This is particularly important to evaluate whether and to what extent the climate policies adopted thus far in developed countries can be replicated in emerging economies.


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.


1993 ◽  
Vol 2 (2) ◽  
pp. 41-65 ◽  
Author(s):  
Moritz Kraemer ◽  
Jörg Hartmann

This paper examines passible causes for the acceleration of tropical deforestation and the role of a popular instrument to reverse this trend, debt-for-nature swamps (DNS). This instrument builds on the contention that the debt crisis of developing countries has created the need to exploit natural resources, such as tropical forest areas. Thus, DNS could potentially protect forests directly (through conservation projects) and indirectly (by reducing debt-induced pressure on the forests). First, an instrumental critique of DNS is given, followed by an empirical examination of the debt-deforestation link that stands behind the instrument of DNS. Neither this nor other plausible causes of the acceleration of deforestation can be identified as significant in a cross-country study. The paper concludes that appropriate policy instruments must be based on case-specific research.


Author(s):  
Samarth * ◽  
Robyn Lee ◽  
Dave Kelly ◽  
Matthew Turnbull ◽  
Richard Macknight ◽  
...  

Masting, the synchronous highly variable flowering across years by a population of perennial plants, has been shown to be precipitated by many factors including nitrogen levels, drought conditions, spring and summer temperatures. However, the molecular mechanism leading to the initiation of flowering in masting plants in particular years remains largely unknown, despite the potential impact of climate change on masting phenology. We studied genes controlling flowering in Chionochloa pallens, a strongly masting perennial grass. We used a range of in situ and manipulated plants to obtain leaf samples from tillers (shoots) which subsequently remained vegetative or flowered. Here, we show that a novel orthologue of TERMINAL FLOWER 1 (TFL1; normally a repressor of flowering in other species) promotes the induction of flowering in C. pallens (hence Anti-TFL1), a conclusion supported by structural, functional and expression analyses. Global transcriptomic analysis indicated differential expression of CpTPS1, CpGA20ox1, CpREF6 and CpHDA6, emphasising the role of endogenous cues and epigenetic regulation in terms of responsiveness of plants to initiate flowering. Our molecular-based study has provided insights into the cellular mechanism of flowering in masting plants and will supplement ecological and statistical models to predict how masting will respond to global climate change.


2019 ◽  
Vol 11 (04) ◽  
pp. 46-59
Author(s):  
Erik BAARK

China recognises the need to reduce carbon emissions in order to avoid negative consequences from climate change in the future. Therefore, the Chinese government initiated seven emissions trading system (ETS) pilots in 2013 and began to develop China’s national ETS in 2017. However, Chinese efforts to implement ETS have encountered legal, institutional and political issues that must be solved so that a national ETS could help to mitigate emissions in China.


2004 ◽  
Vol 3 (2) ◽  
pp. 161-187 ◽  
Author(s):  
SUSANNE DRÖGE ◽  
HARALD TRABOLD ◽  
FRANK BIERMANN ◽  
FRÉDÉRIC BÖHM ◽  
RAINER BROHM

This article analyses the relationship between national climate change policy instruments and WTO rules with particular emphasis on the case of Germany. Our main finding is that national policies whose aim is to reduce greenhouse gases can be brought into compliance with international trade law. Compliance can be achieved, first, through various methods of labelling electricity from renewable resources. Second, it can be achieved through trading systems for green certificates that respect basic WTO principles. Third, it can be achieved through energy taxes. To offset the competitive impacts of such taxes, border tax adjustments are a possibility. Although WTO law has not yet clearly defined the eligibility of border tax adjustments for energy taxes, the balance of evidence suggests that it would support such adjustments under certain circumstances. Fourth, compliance with WTO rules can be achieved through financial incentives to the producers of energy from renewable sources which are conferred in such a way that they do not pass through the hands of the government. Hence, climate change policies can even rely on ‘subsidies’ (in the economic sense) without getting into conflict with WTO rules. Fifth, when compliance cannot be achieved, national policies aiming at international environmental protection can claim an exception under GATT Article XX (b) or (g) if measures are not applied in an arbitrary or discriminatory manner. In addition, countries should further strive to find solutions to the global climate change problem in the Kyoto process.


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