Emissions Trading Before the European Court of Justice: Market Making in Luxembourg

LEGAL ASPECTS OF CARBON TRADING: KYOTO, COPENHAGEN AND BEYOND, David Freestone, Charlotte Streck, eds., Oxford University Press, 2009

U. of Edinburgh School of Law Working Paper No. 2009/12

38 Pages Posted: 1 Apr 2009

Date Written: April 1, 2009

Abstract

The litigation faced by the EU ETS is of significance not only for that mechanism - the world's largest carbon market - but also for emerging carbon markets around the world and thus the enterprise of tackling global climate change by way of market mechanisms. This working paper analyses the entire EU ETS docket of the Community Courts (the ECJ and CFI) to date and seeks to categorise those cases. Themes familiar to EC lawyers prevail - especially in relation to questions of standing and admissibility - that in the light of the recently agreed Phase III EU ETS look less like narrow technical rulings than the Courts' constraining commercial and political actors from sundering legal responses to climate change.

Keywords: Climate change, climate change litigation, EU ETS, carbon markets, Community Courts, UNFCCC, Kyoto Protocol, energy

Suggested Citation

Ghaleigh, Navraj Singh, Emissions Trading Before the European Court of Justice: Market Making in Luxembourg (April 1, 2009). LEGAL ASPECTS OF CARBON TRADING: KYOTO, COPENHAGEN AND BEYOND, David Freestone, Charlotte Streck, eds., Oxford University Press, 2009, U. of Edinburgh School of Law Working Paper No. 2009/12, Available at SSRN: https://ssrn.com/abstract=1371513 or http://dx.doi.org/10.2139/ssrn.1371513

Navraj Singh Ghaleigh (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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