Carbon Credits As EU Like It: Property, Immunity, TragiCO2medy?

31 Pages Posted: 9 Jul 2015 Last revised: 4 Aug 2015

See all articles by Kelvin F.K. Low

Kelvin F.K. Low

City University of Hong Kong

Jolene Lin

National University of Singapore (NUS) - Faculty of Law

Date Written: February 1, 2015

Abstract

While there have been many legal studies of the European Union Emissions Trading Scheme, few have considered the effectiveness of the EU ETS as a matter of private law design. The authors propose to do so by tracing the history of the scheme, studying the English decision of Armstrong DLW GmbH v Winnington Networks Ltd [2012] EWHC 10 (Ch), [2013] Ch 156, as well as analysing the new EU Registry Regulations promulgated since then. We conclude that the EU ETS is handicapped by conceptual failings and exposes participants to unnecessary uncertainty that national courts will find difficult to resolve.

Keywords: carbon credits, property, registry, fraud

Suggested Citation

Low, Kelvin F.K. and Lin, Jolene, Carbon Credits As EU Like It: Property, Immunity, TragiCO2medy? (February 1, 2015). Journal of Environmental Law, pp.1-29, 2015 ( doi: 10.1093/jel/eqv020, 2015), Singapore Management University School of Law Research Paper No. 52/2015, University of Hong Kong Faculty of Law Research Paper No. 2015/022, Available at SSRN: https://ssrn.com/abstract=2627950

Kelvin F.K. Low (Contact Author)

City University of Hong Kong ( email )

Tat Chee Avenue
Kowloon, Kowloon
Hong Kong

Jolene Lin

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
90
Abstract Views
551
rank
312,610
PlumX Metrics