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Legal Aspects of Carbon TradingKyoto, Copenhagen, and beyond$
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David Freestone and Charlotte Streck

Print publication date: 2009

Print ISBN-13: 9780199565931

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199565931.001.0001

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Emissions Trading before the European Court of Justice: Market Making in Luxembourg

Emissions Trading before the European Court of Justice: Market Making in Luxembourg

Chapter:
(p.367) 17 Emissions Trading before the European Court of Justice: Market Making in Luxembourg
Source:
Legal Aspects of Carbon Trading
Author(s):

Navraj Singh Ghaleigh

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199565931.003.0017

This chapter focuses on challenges to the European Union Emissions Trading Scheme (EU ETS) brought before the European Court of Justice (ECJ) and the Court of First Instance (CFI) — the ‘Community Courts’. It commences with a brief account of the prehistory of the EU ETS (Section 2), followed by its legal form and operation (Section 3), before addressing the Courts case law concerning Directive 2003/87/EC (Section 4).

Keywords:   Kyoto Protocol, European Union Emissions Trading Scheme, European Court of Justice, Court of First Instance

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