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Legal Aspects of Carbon Trading
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Legal Aspects of Carbon Trading: Kyoto, Copenhagen, and beyond

David Freestone and Charlotte Streck

Abstract

Since 2005, the carbon market has grown to a value of nearly $100 billion per annum. This book examines all the main legal and policy issues which are raised by emissions trading and carbon finance. It covers not only the Kyoto Flexibility Mechanisms but also the regional emission trading scheme in the EU and emerging schemes in the US, Australia, and New Zealand. The Parties to the 1992 UN Framework Convention are in the process of negotiating a successor regime to the 1997 Kyoto Protocol whose first commitment period ends in 2012. As scientists predict that the threat of dangerous climate ch ... More

Keywords: carbon market, emissions trading, carbon finance, Kyoto Flexibility Mechanisms, UN Framework Convention, Kyoto Protocol, climate change, aircraft emissions, deforestation

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780199565931
Published to Oxford Scholarship Online: February 2010 DOI:10.1093/acprof:oso/9780199565931.001.0001

Authors

Affiliations are at time of print publication.

David Freestone, editor
Lobingier Visiting Professor of Comparative Law and Jurisprudence, George Washington University Law School, Washington DC

Charlotte Streck, editor
Founding partner and director of Climate Focus

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Contents

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PART I INTRODUCTION

PART II GENERAL ISSUES

2 Legal Ownership and Nature of Kyoto Units and EU Allowances

Matthieu Wemaere, Charlotte Streck, and Thiago Chagas

PART III THE KYOTO PROTOCOL MECHANISMS

7 International Emissions Trading and Green Investment Schemes

Sander Simonetti, and Rutger de Witt Wijnen

8 A Mechanism with a Bright Future: Joint Implementation

Jelmer Hoogzaad, and Charlotte Streck

9 Joint Implementation Transactions: An Overview

Hobley Anthony, and Roberts Carly

10 The CDM Project Cycle and the Role of the UNFCCC Secretariat

Netto Maria, and Barani Schmidt Kai-Uwe

14 Carbon Contracting

Martijn Wilder, and Louisa Fitz-Gerald

PART IV CARBON TRADING OUTSIDE KYOTO: REGIONAL SCHEMES

PART V CARBON TRADING OUTSIDE KYOTO: NATIONAL AND SUB-NATIONAL SCHEMES

18 Emissions Trading in the US: Legal Issues

K Russell LaMotte, David M (Max) Williamson, and Lauren A Hopkins

PART VI VOLUNTARY MARKETS

PART VII POST KYOTO: MOVING TOWARDS COPENHAGEN

26 A Post-2012 Vision for the Clean Development Mechanism

Christiana Figueres, and Charlotte Streck

28 Aviation and Climate Change Regulation

Claybourne Fox Clarke, and Thiago Chagas

PART VIII SUMMARY AND OUTLOOK

Summary and Outlook

Charlotte Streck, and David Freestone

End Matter