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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

Chapter:
(p.123) 8 A Taxonomy of Prima Facie Violations of International Economic Law
Source:
Emissions Trading Schemes under International Economic Law
Author(s):

James Munro

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198828709.003.0008

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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