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Kati Kulovesi

The idea of mitigating black carbon emissions to reduce Arctic warming has been subject to growing policy attention in recent years. This chapter analyzes opportunities to strengthen the global regulation of black carbon for the benefit of the Arctic region. In doing so, it draws on the growing body of literature on transnational environmental law and explores the benefits of using transnational environmental law as an analytical framework instead of the more traditional and narrow focus on formal international law. On that basis, the chapter argues that a transnational environmental law lens reveals a much more active regulatory landscape and leads to a more nuanced understanding of the opportunities to control global black carbon emissions affecting the Arctic.

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Kati Kulovesi

This chapter examines the question of carbon leakage in context of the EU Emissions Trading Scheme (ETS) after the Paris Agreement. It explains the basic functioning of the ETS and provides an overview of existing measures to prevent carbon leakage under the ETS, namely free allocation of emission allowances based on harmonised rules and benchmarks. It reviews the debate on border carbon adjustments (BCAs) in the EU over the past fifteen years and analyses the impact of the Paris Agreement on the risk of carbon leakage. The chapter also discusses proposals to reform the ETS for the fourth trading period in 2021–2030. It argues that while the Paris Agreement lays down the basic legal structures needed to step up global climate policy efforts, it is far from establishing a global carbon price and levelling the playing field for the manufacturing industry. The chapter highlights, however, that there is currently no evidence of carbon leakage having taken place as a result of the EU ETS and takes a critical stance towards proposals to strengthen carbon leakage protection under the ETS, especially by introducing BCAs.

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Kati Kulovesi and Sabaa Khan

Abstract This chapter focuses on the role of environmental principles in trade relations. It argues that environmental principles, including sustainable development and the precautionary principle, can play a role in reconciling international environmental law with trade law, and balancing trade with environmental interests. However, it also argues that the role of environmental principles in trade relations is not very well defined, especially at the inter-national level. It finds that this is partly because the World Trade Organization (WTO) dispute settlement system has been fairly reluctant to apply environmental principles to the extent they are not included in the WTO Agreements. Using the European Union and the EU-Canada Comprehensive Economic and Trade Agreement as examples, the chapter also shows that environmental principles play a more defined role when it comes to certain regional, bilateral and plurilateral trade agreements.
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Kulovesi Kati and Dafoe Joanna

Abstract International civil aviation and maritime transport generate a small but rapidly growing proportion of global total carbon dioxide (CO2) emissions. Three international legal regimes have attempted to regulate these emissions: the International Civil Aviation Organization (ICAO), the International Maritime Organization (IMO) and the United Nations Framework Convention on Climate Change (UNFCCC). After 20 years of effort, countries have been unable to agree on an effective approach to mitigate these emissions. This chapter provides an overview of the key efforts taken and challenges faced by these three UN bodies. It begins with an overview of efforts taken by the UNFCCC, followed by an overview of the respective efforts by the ICAO and IMO. It identifies three key factors complicating the regulation of emissions from international aviation and maritime transport. The chapter concludes with an evaluation of the remaining legal and research questions.
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Elisa Morgera and Kati Kulovesi

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Edited by Elisa Morgera and Kati Kulovesi

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Edited by Elisa Morgera and Kati Kulovesi

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Edited by Elisa Morgera and Kati Kulovesi