Introduction: Climate Change Geoengineering
© Lexxion Verlagsgesellschaft mbH (6/2013)
As David Victor recently observed, climate geoengineering, broadly defined as "the deliberate largescale manipulation of the planetary environment to counteract anthropogenic climate change," was once viewed as "a freak show in otherwise serious discussions of climate science and policy." However, as negotiations for a successor to the United Nations Framework Convention on Climate Change and a second commitment period for the Kyoto Protocol have ensued, it has become increasingly apparent that the world community lacks the political will to reduce emissions to a level that avoids extremely serious climatic impacts.

A Decentralised Approach to Emissions Reductions
© Lexxion Verlagsgesellschaft mbH (4/2013)
This paper evaluates whether border tax adjustments (BTAs) might be a more successful tool for achieving pollution abatement than the current Kyoto Protocol framework, which was recently extended to 2020. To examine this question, the paper does two things. First, it seeks to understand the specific collective action problem plaguing pollution abatement by employing Elinor Olstrom’s framework for disaggregating common goods. Second, the paper matches the disaggregated common good with both the BTA and Kyoto Protocol governance structures. The matching exercise builds on research that suggests for a regime tasked with commons governance to function, there must be an appropriate fit between its institutional structure and the specific collective action problem it seeks to overcome. The paper’s conclusions are twofold. First, Kyoto is failing because its structure is ill-equipped to combat the specific collective action problem facing pollution abatement, as defined by the disaggregated nature of the common good produced. Second, a BTA structure would circumvent the problems inhibiting Kyoto’s functionality by increasing the incentives countries have to contribute to pollution abatement, and decreasing the options countries have for free riding. Given this, BTAs may offer an effective alternative for achieving global emissions reductions.

A Green Emerging Market: India’s Experiments with Market Based Mechanisms for Climate Mitigation
© Lexxion Verlagsgesellschaft mbH (12/2012)
India is the fourth largest emitter of greenhouse gases in the world. After Copenhagen in 2009, India announced that it will be working to reduce voluntarily the carbon intensity of its emissions by 20–25 % against 2005 levels by the year 2020, while maintaining a growth rate of 8 %. In 2011–2012, it introduced a number of innovative initiatives to help reach that goal. This paper will discuss three of these measures. Two of these schemes are market based initiatives in the field of energy: the first is called “Perform, Achieve and Trade” and is aimed at improved energy efficiency; the second scheme promotes increased use of renewable sources of energy through trade in renewable energy certificates. The third scheme is a pilot market based emissions trading mechanism that seeks to reduce the levels of particulate matter emissions in three leading industrial states in India.

The Clean Development Mechanism as a Governance Problem
© Lexxion Verlagsgesellschaft mbH (12/2012)
This essay analyses the evolution of legal rules, questions of law interpretation, as well as climate and development policy effects of the Clean Development Mechanism (CDM) as a mechanism which is linked to state and company-level emissions trading (ETS) and combines transnational climate protection law with the promotion of renewable energies. The essential goal of the CDM is to provide opportunities for cost efficient compliance with the Kyoto Protocol targets entered by Annex I countries, and to assist developing countries in achieving sustainable development. Therefore, Annex I countries are allowed to achieve part of their emission reduction targets by conducting mitigation measures in developing countries. It turns out, however, that specific CDM projects are frequently questionable in terms of climate and development policy. This is also related to enforcement problems, which represent a variation of the common environmental law issue of the latent identity of interests of controllers and controlled ones. It is hence questionable whether the discussed and partly decided reforms of the CDM and the subsequent restrictions adopted by the EU are sufficient to address the underlying deficits. That implies, at the same time, a kind of exemplary governance analysis on the basis of important aspects of the ETS.

After Durban, what Legal Form for the Future International Climate Regime?
© Lexxion Verlagsgesellschaft mbH (9/2012)
The first commitment period of the Kyoto Protocol is due to expire at the end of 2012, but no commitments have been adopted to date for a second period. Discussions about the fate of the climate regime beyond 2012 were supposed to end in 2009, in order to avoid a gap between the first and second commitment periods. But neither the Copenhagen climate summit (2009), nor the Cancun conference (2010) resulted in conclusion of a deal. They did not yield answer about the divisive issues of legal form and architecture of the future international climate regime. The Durban Conference (2011) no longer was able to avoid addressing these thorny issues. At the very end of the summit, a compromise was reached following long and difficult negotiations. Parties decided to extend the Kyoto Protocol through a second commitment period and launch a new round of negotiations under the Convention in order to adopt a more inclusive and ambitious international climate regime to be implemented from 2020.

The Role of ICAO in Regulating the Greenhouse Gas Emissions of Aircraft
© Lexxion Verlagsgesellschaft mbH (3/2012)
This article explores the role of the International Civil Aviation Organization (ICAO) in regulating civil aircraft engine emissions in the age of climate change. The Kyoto Protocol allocates authority for international aviation emissions to ICAO, but the organisation has failed to provide effective regulation over the past fourteen years. This article examines why ICAO was granted such authority, what might account for ICAO’s failure and explores the role of ICAO in the future. It argues that the ICAO should not be the sole regulatory authority for the aviation industry, but that it has an important contribution to make in terms of technical expertise and auditing capacity.

Land Use, Climate Change and Emissions Trading
© Lexxion Verlagsgesellschaft mbH (12/2011)
European and International Legal Aspects of the Post-Kyoto Process

The Climate Regime in Evolution: The Disagreements that Survive the Cancun Agreements
© Lexxion Verlagsgesellschaft mbH (6/2011)
This article analyzes the Copenhagen Accord, 2009, and the Cancun Agreements, 2010, focusing in particular on the emerging trends and surviving disagreements in the climate negotiations. This article argues that while the Cancun Agreements offer a firm indication of trends in the climate regime, they do not authoritatively settle the fundamental cleavages that exist in the negotiations: the fate of the Kyoto Protocol; the legal form and architecture of the future legal regime; and the nature and extent of differential treatment between developed and developing states. The Cancun Agreements, however, restored faith, after the failure of Copenhagen, in the multilateral process, and the international climate negotiations are set to continue into the foreseeable future. Whether these negotiations will yield anything other than incremental progress, while skilfully skirting the key issues, remains to be seen.

Reform of the Clean Development Mechanism: Where Should We Head For?
© Lexxion Verlagsgesellschaft mbH (6/2011)
The Clean Development Mechanism (CDM) has been a great success in promoting mitigation projects in developing countries in the past several years. However, for various reasons, there have also been many calls for reform of the CDM. The international community has agreed that the CDM should continue and could be improved, but has not reached an agreement on the way forward. One of the issues under intensive debate is whether to create new market mechanisms, namely sectoral mechanisms. Regardless of what future agreement on this aspect would be, both lessons from the CDM practice and issues related to the operationalization of the possible new mechanisms should be fully taken into consideration. One possible solution could be developing a flexible system that suits the different situations in different countries and/or sectors.

Ensuring New Finance and Real Emission Reduction: A Critical Review of the Additionality Concept
© Lexxion Verlagsgesellschaft mbH (6/2011)
This paper aims to inform the ongoing international climate change negotiations by examining the main arguments underlying the debate surrounding additionality of emission reductions as well as additionality of finance under the United Nations Framework Convention on Climate Change and the Kyoto Protocol. The main methods of testing additionality will also be discussed. This paper is organized in three parts. The first part summarizes the history of financial additionality, the second looks at ways to test the additionality of emission reductions. The third part concludes with proposals on how to establish clear criteria for testing additionality with the aim of reducing the controversy that surrounds the concept so as to realize its implementation in the long-term.

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