Over the last four decades emissions trading has enjoyed a high
profile in environmental law scholarship and in environmental law and
policy. Much of the discussion is promotional, preferring emissions
trading above other regulatory strategies without, however, engaging
with legal complexities embedded in conceptualising, scrutinising and
managing emissions trading regimes. The combined effect of these
debates is to create a perception that emissions trading is a
straightforward regulatory strategy, imposable across various
jurisdictions and environmental settings. This book shows that this
view is problematic for at least two reasons. First, emissions trading
responds to distinct environmental and non-environmental goals,
including creating profit-centres, substituting bureaucratic control
of resources, and ensuring regulatory compliance. This is important,
as the particular purpose entrusted to a given emissions trading
regime has, as its corollary, a particular governance structure,
according to which the regime may be constructed and managed, and
which trusts the emissions market, the state and rights in emissions
allowances with distinct roles. Second, the governance structures of
emissions trading regimes are culture-specific, which is a significant
reminder of the importance of law in understanding not only how
emissions trading schemes function but also what meaning is given to
them as regulatory strategies. This is shown by deconstructing
emissions trading discourses: that is, by inquiring into the
assumptions about emissions trading, as featuring in emissions trading
scholarship and in debates involving law and policymakers and the
judiciary at the EU level. Ultimately, this book makes a strong
argument for reconfiguring the common understanding of emissions
trading schemes as regulatory strategies, and sets out a framework for
analysis to sustain that reconfiguration.
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Markets, States and Law
Produktdetaljer
ISBN
9781782251651
Publisert
2015
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter