From Marrakesh to Glasgow: Looking Backward to Move Forward on Emissions Trading

Looking Backwards to Move Forward on Emissions Trading (Climate Law, Forthcoming)

17 Pages Posted: 17 Dec 2021

See all articles by Lisa Benjamin

Lisa Benjamin

Lewis & Clark Law School

David A. Wirth

Boston College - Law School; Vermont Law School

Multiple version iconThere are 2 versions of this paper

Date Written: October 30, 2021

Abstract

The Paris Rulebook – nearly complete, but with the “markets” text tied to article 6 of the Paris Agreement unadopted after nearly three years – invites comparison with a similar effort under the Kyoto Protocol, the Marrakesh Accords. An in-depth analysis of the negotiating history as well as the text of both instruments yields trenchant and perhaps unexpected conclusions. This Article employs a comparison between the Paris Rulebook and the prior Marrakesh Accords implementing the Kyoto Protocol as a vehicle for further exploring the similarities and differences in regulatory design between the two sub-regimes, and their implications for sustainability and climate integrity. The piece then offers conclusions about the fundamentally different purpose of the “markets” text of the Paris Rulebook by comparison to its Kyoto/Marrakesh precursor.

Keywords: Article 6; emissions trading; Kyoto Protocol; Paris Agreement

Suggested Citation

Benjamin, Lisa and Wirth, David A., From Marrakesh to Glasgow: Looking Backward to Move Forward on Emissions Trading (October 30, 2021). Looking Backwards to Move Forward on Emissions Trading (Climate Law, Forthcoming), Available at SSRN: https://ssrn.com/abstract=3953469 or http://dx.doi.org/10.2139/ssrn.3953469

Lisa Benjamin (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States

David A. Wirth

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

Vermont Law School

68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States

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