The EU Emissions Trading Scheme and the Court of Justice: The ‘High Politics’

Abstract

The paper assesses the indirect contribution of the Court of Justice to the promotion of global standards in the EU-ETS decision. The paper explores the effects of the EU-ETS directive, the decision of the Court and the actions of the House of Representatives to prohibit the application of EU law in the US. It focusses in particular on the EU-ETS litigation in so far as it provides insights as to powers of the Court, post-Lisbon and explores the “actorness” of the Court of Justice in global affairs. The Court of Justice is perceived as a very powerful judicial entity, so much so as to distinguish the EU from typical international organisations. The author argues accordingly that the response of the Court of Justice in the EU-ETS decision is a particularly timid one with respect to the “high politics” of the dispute and the objectives of the EU policies.

Keywords: EU External Relations, Global Governance, Court of Justice, Environmental Regulation

JEL Classification: K33