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Emissions Trading Schemes under International Economic Law$
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James Munro

Print publication date: 2018

Print ISBN-13: 9780198828709

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780198828709.001.0001

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A Taxonomy of Prima Facie Violations of International Economic Law

A Taxonomy of Prima Facie Violations of International Economic Law

(p.123) 8 A Taxonomy of Prima Facie Violations of International Economic Law
Emissions Trading Schemes under International Economic Law

James Munro

Oxford University Press

Having determined that carbon units are, to varying extents, subject to international economic law, Chapter 8 assesses the consistency of emissions trading schemes and their rules affecting carbon units with that body of law. In particular, Chapter 8 identifies and evaluates the rules in emissions trading schemes affecting the trade, use, and value of carbon units that constitute prima facie violations of that body of law. It considers: (i) the differential treatment of carbon units that engages disciplines on non-discrimination; (ii) the quantitative restrictions on external carbon units that engage disciplines on market access; and (iii) the kinds of governmental interference in carbon markets that engage disciplines on investment. Chapter 8 thereby identifies and catalogues numerous prima facie breaches embedded in the rules of most emissions trading schemes.

Keywords:   non-discrimination, market access, quantitative restriction, qualitative restriction, likeness, allowance units, offset units, fair and equitable treatment, indirect expropriation, emissions trading schemes

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