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Adopted in May 2023, the European Union (EU) Carbon Border Adjustment Mechanism (CBAM) is representative of a paradigmatic shift in European climate policy, entailing use of unilateral measures to address the intersection of international trade and climate change. Following decades of theoretical discussion of border carbon adjustments (BCAs) as a policy to level the economic playing field in a world of uneven climate action, the CBAM imposes carbon costs on certain categories of imported goods equivalent to those faced by domestic producers under the EU Emissions Trading System (EU ETS). It is thus primarily aimed at preventing carbon leakage – where economic activity and the associated emissions shift to countries with less stringent climate policies – while trying to maintain the competitiveness of European industry.
Despite its conceptual appeal and compelling rationale, the evolution of the CBAM from design to implementation has been characterised by political, legal, and economic challenges. Its trajectory to date underscores the EU commitment to ambitious climate action amidst geopolitical tensions and a fragmented, highly competitive global economy, influenced by factors such as the persistent asymmetry of domestic climate efforts under the Paris Agreement, the unsteady participation of the United States in international climate cooperation, and the recent escalation on global trade conflicts. This chapter traces the legislative history of the CBAM (§2), offers a legal assessment of its adopted design (§3), and identifies a number of implementation challenges (§4), concluding with brief takeaways on an instrument of EU climate policy that has spurred international debate like few others (§5).
On 16 March 2023, the European Commission (the Commission) adopted the Critical Raw Materials Act (CRMA), which following the ordinary legislative procedure entered into force on 23 May 2024 with the European Parliament and Council reaching a provisional agreement after only a few months of negotiations. While the EU recognises that access to critical raw materials (CRMs) is essential to both the clean energy transition, as well as Europe's open strategic autonomy, and it has set ambitious goals in this respect, many legal and policy questions remain. For example, what prompted the EU to adopt this Regulation and what is the main objective of the CRMA? What are the opportunities, as well as the challenges of the CRMA? What problems can the CRMA contribute to solving, and which issues will remain? The aim of this chapter is threefold: to provide the geopolitical dynamics, context and existing obstacles that led to the adoption of the CRMA in the first place; to present the Act's core features; and, finally, to address some challenges of the CRMA both within the EU legal orders, as well as in its interaction with international trade law, including broader EU trade policy in the critical raw materials sector. Section 2 will first cover the context of reassessing the strategic dependencies that Europe has developed over the past decades. Section 3 will present the core features of the Act. Section 4 will then critically reflect on the opportunities, as well as the challenges of the Act, also considering potential tension with core World Trade Organization (WTO) rules. The conclusion will recap our main points.
The third Energy Package entered into force in 2009 and aims at further liberalising the EU electricity and gas markets. In addition, it obliges ENTSO-E, ENTSOG, and ACER to develop network codes and guidelines, meant to harmonize the more technical aspects of the European internal energy market. To ensure fairness to various Member States, for instance with regard to different maturity of energy markets, regional specificities may be taken into account.
At the same time, the key objective of the Energy Community (EnC) Treaty is to extend the EU internal energy market rules and principles6 to countries in Southeast Europe, the Black Sea region and beyond, on the basis of a univocal, legally binding framework. The harmonised legal framework on both sides of the border – in Member States of the European Union (EU) and in Contracting Parties to the EnC – is the pre-requisite for energy market integration, and for ensuring a level playing field for market participants.
The extension of the ‘acquis communautaire’ on energy (hereafter energy acquis) to the EnC Contracting Parties presumes the transposition of the European network codes and guidelines (NC & GLs) for gas and electricity in the national legal framework of these countries. Electricity NC & GLs pertaining to markets, adapted for use in the jurisdictions of the Contracting Parties, were adopted by the Ministerial Council of the Energy Community on 15 December 2022,7 and transposition in the Contracting Parties is currently ongoing. While this decision was adopted by EnC, this Chapter will solely focus on the implementation of the electricity NC & GLs.
The European Union has established very ambitious climate goals. The ultimate aim is to be carbon neutral and energy independent in 2050. In order to achieve this goal, all Member States have been required to submit to the European Commission their national energy and climate plans (NECP) and once approved, Member States need to meet the goals they have set themselves. When drafting these NECPs, Member States will make use of the resources and instruments that are available to them. Whereas hydropower will be an obvious choice in mountainous areas, this is obviously not the case in most countries bordering the North Sea. These countries will make use of other renewable sources like solar and wind. As wind speeds are higher in the North Sea and public opposition offshore is mostly absent, North Sea states are focussing on developing offshore wind and other renewable energy sources. However, production and transport of renewable energy sources at sea is a relevant new development. Whereas a legal framework governing oil and gas exploration and production onshore as well as offshore has been in place since the 1970s, such framework is relatively new with regard to production of renewable electricity offshore. Moreover, each coastal state has been drafting such framework individually in the absence of a harmonising EU law. Consequently, each coastal state has drafted its own permitting regime for the development of offshore wind energy and park-to-shore cables, which means that electricity has been transported to shore via ‘national’ electricity cables with either an offshore or onshore connection to the electricity transmission system.
The editors are very pleased to present the European Energy Law Report XV. The European Energy Law Report is an initiative taken by the organisers of the European Energy Law Seminar (EELS) which has taken place on a regular basis in the Netherlands since 1989. The aim of this seminar is to present an overview of the most important legal developments in the field of international, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at (then) European Community level, which were the results of the establishment of an Internal Energy Market, the focus has gradually expanded to developments affecting the energy sector such as climate change and security of supply. Likewise the focus extended to developments at the national level following the implementation of the EU directives on the internal energy market, the promotion of renewable energy sources, the mitigation of climate change and the reinforcement of security of supply. This approach can also be found in the present volume.
Similar to the previous European Energy Law Reports, this book includes chapters based on papers presented at the preceding EELS, which normally takes place on an annual basis. Due to the Covid-19 pandemic and the necessary adjustments to the annual organisation of EELS, this book gathers – in four thematic parts – the main central topics discussed at the EELS of 2022 and 2023. First, it presents in Part I some legislative and judicial developments regarding the Internal Energy Market and climate change mitigation.
The solubility of Ag, As, Bi, Cu, Pb, Sb and Sn in the synthetic analogue of kotulskite (PdTe) was studied experimentally at 400°C (for Bi at 500°C). The extent of the solid solution was studied on the line PdTe–PdA with a compositional range Pd(Te1–xAx) with x = 0.1, 0.2, 0.4 and 0.6 and A = Ag, As, Bi, Cu, Pb, Sb and Sn. For the purpose of this study the silica-glass tube method was used. The experimental products were evaluated by means of powder X-ray diffraction analysis, reflected light and electron microscopy. Kotulskite does not dissolve Ag. It may dissolve up 3 at.% As, up to 5.6 at.% Cu, up to 20 at.% Sn and up to 30 at.% Pb. A complete solid solution between kotulskite (PdTe) – sudburyite (PdSb) and kotulskite (PdTe) – sobolevskite (PdBi) as suggest from natural occurrences has not been confirmed within this study. There is a composition gap between Pd0.99(Te0.21Bi0.80)Σ1.01 (PdTe dissolving 40.3 at.% Bi) and Pd1.00(Bi0.97Te0.03)Σ1.00 (PdBi dissolving 1.6 at.% Te). Also, there seems to be a gap between Pd1.00(Te0.18Sb0.82)Σ1.00 (PdTe dissolving 41.1 at.% Sb) and PdSb. The Cu substitutes for Pd whereas As, Bi, Pb, Sb and Sn substitute for Te in the crystal structure of kotulskite. Assessed solid solution series should be sought in assemblages with other platinum-group minerals and known Pd tellurides, likely in magmatic Cu–Ni–PGE mineral deposits, associated with mafic and ultramafic igneous rocks.
Two alluaudite-group minerals, badalovite, ideally NaNaMg(MgFe3+)(AsO4)3, and calciojohillerite, NaCaMgMg2(AsO4)3, have been identified on a specimen from the Monte Calvario quarry, Biancavilla, Etna volcanic complex, Sicily, Italy. For both species, this finding represents the second world occurrence. The studied sample was characterised using electron microprobe analysis, micro-Raman spectroscopy, and single-crystal X-ray diffraction. Badalovite occurs as vitreous to resinous aggregates of yellowish to brownish prismatic crystals, up to 0.5 mm in length, associated with tabular crystals of hematite, pseudobrookite and an amphibole-supergroup mineral. Badalovite is intimately intergrown with minor calciojohillerite. The chemical formulae of these two alluaudite-group members, recalculated on the basis of 12 O atoms per formula unit and assuming the occurrence of Fe3+, are (Na1.74(11)K0.01(1)Ca0.30(8))Ʃ2.05(Mg1.74(2)Mn0.27(2)Ca0.11(8)Zn0.03(1)Fe0.84(14)Al0.02(2))Ʃ3.01(As2.85(4)P0.11(3))Ʃ2.96O12 and (Na1.44(2)K0.01(1)Ca0.66(1))Ʃ2.11(Mg2.27(1)Mn0.28(1)Zn0.01(1)Fe0.48(2))Ʃ3.00(As2.79(3)P0.13(2))Ʃ2.92O12, respectively. Single-crystal X-ray diffraction data collected on badalovite gave the following unit-cell parameters a = 11.9760(5), b = 12.7857(5), c = 6.6650(3) Å, β = 112.689(2)°, V = 941.58(7) Å3, space group C2/c. Its crystal structure was refined to R1 = 0.0257 for 1711 unique reflections with Fo > 4σ(Fo) and 97 least-square parameters. The crystal chemical and spectroscopic data as well as the genesis of badalovite are discussed and a comparison with the Russian type material is reported.
A continental-type glacial flood termed the Suwałki megafloods took place in NE Poland during the last glaciation and significantly transformed the proglacial area. This study aims, for the first time, to establish the chronology of this flood. Twenty-two sediment samples from two meltwater spillways were dated by optically stimulated luminescence. Sixteen ages from the flood megadunes are between 83 ± 11 ka and 16.9 ± 0.9 ka, whereas six ages from the outwash tracks range from 71.5 ± 9.9 ka to 20.3 ± 2.5 ka. Three dates from the uppermost part of the megadune sedimentary successions are 16.9 ± 0.9 ka, 17.9 ± 1.9 ka, and 18.8 ± 1.3 ka, and they may mark the likely true age of the Suwałki megafloods. We found no consistent relationships between the sedimentary structures and bleaching characteristics suggesting that the two are largely independent, contrary to what is typically assumed for fluvial deposits. Similarly, the transport distance from the ice margin did not exert a consistent influence on the sediment bleaching characteristics. A new hypothesis considers the stage of flooding to have a relevant impact on sediment bleaching: sediment deposited during the flood waning is well bleached and has a high potential for constraining the flood age.
In political decision-making processes in Greenland, comparisons are often drawn with Denmark, Scandinavia, the Faroe Islands, and Iceland. With Greenland as a case, this article analyses a series of aspects across the societies to highlight the politics of comparisons, which are taken for granted, and to emphasise contextual conditions. Comparisons are central to cultural meaning-making and navigation with nation building strategies. We conclude that the current comparisons are significant in terms of explaining Greenland’s challenges with a vulnerable economy and with the sustainable use of natural and human resources. To utilise local resources and create a sustainable livelihood, there is a need to break from the existing trajectories based on the current politics of comparison to explore local conditions more carefully and find other models of inspiration. By developing the concept of island operation, the article unfolds distinct characteristics of the Greenlandic socio-economic structures and includes statistical data on trade, education, and the labour market to support the identification of conditions that can contribute to future analyses of Greenland’s sustainable development. This analysis has relevance for societies that share geographical and cultural conditions with Greenland and post-colonial countries that must deal with complex path dependencies to navigate towards sustainable development.
The viability of small island developing states (SIDS) is threatened by three distinct processes – a backlash against globalisation; rising geopolitical competition between powers; and accelerating climate change – which are pulling at the threads binding the liberal international order together. We suggest that this order has been kinder to SIDS than is often acknowledged because its underpinning norms – sovereign equality, non-interference, and right to development – are inherently permissive and thus provide SIDS with choices rather than imperatives. Their leaders should fight for the continuation and enhancement of that order rather than be seduced by alternatives. We provide a rationale for and examples of policies to achieve this, including reforms to the way ODA is measured, debt restructured, climate finance allocated, and global governance organised. These enhancements represent the most plausible pathway for SIDS in a period of significant global upheaval. This title is also available as Open Access on Cambridge Core.
The aardvark (Oryecteropus afer) is a fossorial species with a widespread distribution across sub-Saharan Africa. It leaves distinctive tracks and traces of its presence, including large burrows. However, despite a substantial body fossil record, few trace fossils registered by aardvarks have been described. Its distribution range in southern Africa during historic and prehistoric times was probably broadly similar to that of today, with the addition of the currently submerged Palaeo-Agulhas Plain during much of the Pleistocene. Five new trace fossil sites have been identified in Pleistocene aeolianites on the Cape coast and are here interpreted with varying degrees of confidence as large burrows that were made by aardvarks. In addition, a possible aardvark tracksite has been identified. Together these add to the sparse paleoichnological evidence of aardvarks and add to the global ichnological record of large vertebrate burrows. While at this point the evidence does not warrant the proposal of new ichnotaxa, the findings may act to spur further identification of fossilized traces of aardvarks and other fossorial species on the Cape coast and beyond.
Hydrodynamic consequences of using simpler geometric shapes to represent coral canopies are examined through a laboratory study. A canopy composed of cylinders is compared with a canopy composed of 3-D-printed, scaled down coral heads in a recirculating flume. Vertical velocity profiles are measured at four horizontal locations for each canopy type, and mean velocity and turbulence statistics are compared both within and above the canopy. A narrow, defined wake on the scale of the canopy element is present behind the cylinder canopy elements that is absent in the coral canopy. There is also a peak in shear stress at the top of the cylinder canopy, likely due to the sharp edge at the top of the cylinder. Above the canopy, however, turbulence statistics and friction velocities behave similarly for both canopy types. Therefore, the results indicate we may reasonably get coral reef drag estimates from canopies with simpler geometric surrogates, especially when the mean free-stream and within-canopy flow speeds are matched to environmental conditions.
This study investigates the reproductive biology of Holothuria arguinensis over one year (December 2016 to December 2017) from two locations on the Atlantic coast of Morocco: Skhirat (North Atlantic) and Souiria K'dima (Central Atlantic), including the sex ratio, size at sexual maturity, and reproductive cycle. Monthly sampling was carried out, along with the collection of environmental and biometric data at each site. The sex ratio did not differ significantly from 1:1 at either study site. The gonadosomatic index (GSI) reached its peak during spring (April and May) for both sexes, and the spawning period was observed from summer to autumn (June–October) at both locations, suggest annual spawning. GSI was correlated with increasing or high chlorophyll-a concentrations, salinity, and spawning with rainfall periods. The estimated size at sexual maturity was 15.9 cm body length, 189.1 g total body weight, and 92.5 g gutted body weight. The minimum mean oocyte diameter was recorded during the recovery stage (31 ± 11 μm (mean ± SD) at Skhirat and 34 ± 23 μm (mean ± SD) at Souiria K'dima), while the highest values were observed in the partial spawning stage (112 ± 27 μm (mean ± SD) at Skhirat and 104 ± 19 μm (mean ± SD) at Souiria K'dima). This study highlights the need for further research to expand our knowledge of the biological and ecological characteristics of H. arguinensis populations, to facilitate the cultivation of juveniles in captivity, and to develop fishing regulations based on scientific findings. As a fishery management strategy, we suggest a closed season from April to October to protect the reproductive period of H. arguinensis on the Moroccan coast.
Cocoa is an important agricultural product that plays a crucial role in local communities in South America. In Brazil, it is traditionally grown in agroforestry systems, which are more sustainable and contribute to biodiversity conservation. However, the recent expansion of intensive monocultures in tropical forests poses significant threats to this activity. Using historical data on land use and cocoa productivity at the municipality level from Brazil’s primary cocoa-producing states, we show that maintaining and restoring forest cover are positively correlated with cocoa productivity, particularly in areas with less anthropogenic disturbance. This highlights the dependence of cocoa production on ecosystem services. Recent data reveal that in municipalities where local agriculture is less reliant on cocoa, only larger farms have benefitted from increased forest cover, probably due to their greater dependence on fragments of natural habitat for ecosystem services. In municipalities that are more reliant on cocoa, the effects of forest cover were not detected, while strong negative effects of forest fragmentation were observed in both small- and large-scale farms. We emphasize the importance of preserving natural forests near cocoa plantations to optimize productivity in Amazon and Atlantic Forest agroforestry, especially in deforested areas.
The Lorne Plateau lava succession of the north-west Grampian Highlands of Scotland is an early component of post-collisional Late Silurian to Early Devonian magmatism in the Orthotectonic Caledonides emplaced in two phases between the Late Silurian (425.0±0.7 Ma U-Pb zircon) and the Siluro-Devonian boundary at ∼419 Ma. Palaeomagnetic study comprising thermal demagnetization and component analysis embracing the time frame of the preserved succession yields a coherent mean direction of magnetization from 58 sites (D/I = 43.7/−47.4°, α95 = 4.0°). A palaeomagnetic fold test is significantly positive with sills intruding unlithified sediment on the island of Kerrera confirming primary remanence. The ∼600 m thick succession has uniform normal polarity throughout permitting correlation with the beginning of a normal polarity chron extending from ∼426 to 403 Ma. The pole position at 2.7°N, 317.3°E (dp/dm = 3.8/5.8°) predicts a palaeolatitude of 26°S and corresponds precisely with remanence in contemporaneous rocks from the Midland Valley of Scotland. Regional palaeofield directions are evaluated in the context of transpressional moulding of the Acadian Orogeny on the Great Glen Fault system (~416−380 Ma).