Towards National Legislation for Climate Protection
New Horizons in Environmental and Energy Law series
Edited by Marjan Peeters, Mark Stallworthy and Javier de Cendra de Larragán
Chapter 2: Legal consequences of the Effort Sharing Decision for member state action
This chapter addresses a key aspect of what has now become a major political shift within the EU, as climate change emerges as a pivotal element of policy integration. This has taken place in the face of continuing existential angst over issues of governance and legitimacy, even as the EU has continued to see growth in both range of policies and legal competences. The EU Emissions Trading Scheme (EU ETS) came about partly as an incident of wider geopolitical forces that drove EU and member state negotiators to seek to maximize the international acceptability of the Kyoto Protocol, being arguably ‘the main instrument for implementing and increasingly for saving’ that process. Indeed it has also been a trend-setter for EU-level intervention in climate law and policy. Further progression, under the Effort Sharing Decision (ESD), beyond a focus on the emissions trading instrument and the sources covered under the EU ETS and towards the other greenhouse gas emitting sectors, now offers a significant, broader-based ‘next step’ in the development of EU climate law and policy.
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