Research Handbook on Emissions Trading
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Research Handbook on Emissions Trading

Edited by Stefan E. Weishaar

Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing on law, economics and at times, political science, to present relevant research strands regarding emissions trading. Intermixing theoretical insights with experiences from existing trading systems, this Handbook offers insights that can be applied around the world. It identifies key bodies of research for both upcoming and seasoned people in the field and highlights future research opportunities.
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Chapter 11: Emissions trading systems and international liability of single major emissions sources

Elena Kosolapova

Abstract

This chapter discusses the international liability of single major greenhouse gas (GHG) emitters. It demonstrates that the international climate regime is not equipped with a liability mechanism and that the current approaches to state liability in international law are incapable of addressing climate change-related damage. Obstacles to domestic climate change liability are also identified. The chapter then goes to show that both States and private enterprises – even those operating within or falling under an emissions trading system (ETS) – are bound by the international customary law obligation to prevent significant transboundary harm. It examines how the procedural and substantive duties related to this obligation can provide the legal basis for challenging single emissions sources.

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