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Marjan Peeters

Abstract

This chapter discusses the emergence of environmental principles in the field of interna-tional climate law, with a focus on the UNFCCC and the Paris Agreement. In addition, the discussion of international climate law principles by scholarship is reviewed, thereby focusing on International Law Association findings and the so-called Oslo Principles. This scholarly discussion provides elaborated and varying ideas on the potential meaning and application of the principles as referred to in the climate treaties. Furthermore, the role of national case law in view of international climate law principles is briefly highlighted, with specific attention to the possible bottom-up emergence of a new climate law principle for dealing with global climate change in domestic courtrooms. Finally, the conclusion points at the guiding nature of principles, and, in view of this, at the importance of the use of methodology in legal scholarship when discussing the content and role of the principles.

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Marjan Peeters

Abstract

The major regulatory experiment with greenhouse gas emissions trading in the EU enables legal scholars to learn lessons regarding its design options and implementation problems. Some fundamental concerns are: (1) the issue of how to develop a fair allocation method, also in view of carbon leakage; (2) the question of how to align emissions trading with procedural rights prescribed by the Aarhus Convention; and (3) the question of how to build a reliable monitoring and enforcement approach. Case law has emerged regarding core aspects of the scheme, such as its coverage in relation to the principle of equal treatment, the inclusion of extraterritorial aviation emissions, access to trading data, and the strictness of the enforcement approach. Legal scholars have tried to understand how the economic instrument fits into the EU legal framework, but more work remains to be done, also in view of future changes to the EU ETS.