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The Allocation of Regulatory Competence in the EU Emissions Trading Scheme

The Allocation of Regulatory Competence in the EU Emissions Trading Scheme


Part of Cambridge Studies in European Law and Policy

  • Date Published: April 2014
  • availability: Available
  • format: Hardback
  • isbn: 9781107042261

£ 72.99

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About the Authors
  • The European Union's Emissions Trading System (EU ETS) is the world's largest carbon trading market. This book offers a new perspective on the EU ETS as a multi-level governance regime, in which the regulatory process is composed of three distinct 'competences' - norm setting, implementation, and enforcement. Are these competences best combined in a single regulator at one level of government or would they be better allocated among a variety of regulators at different levels of government? The combined legal, economic, and political analysis in this book reveals that the actual allocation of competences within the EU ETS diverges from a hypothetical ideal allocation in important ways, and provides a political economy explanation for the existing allocation of norm setting, implementation and enforcement competences among various levels of European government.

    • Offers a new perspective – the allocation of regulatory competences – on the functioning of the European Union Emissions Trading Scheme
    • Goes beyond traditional legal or economic discussions of the subject by including a political economy analysis of the political process surrounding the EU Emissions Trading Scheme adoption and redesign
    • Brings existing economic and legal literature on federalism closer in line with reality of multi-level governance in the European Union
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    Reviews & endorsements

    'This book is destined to stun lawyers with an interest in regulation as a means to solve problems, due to its extra-legal dimension and the wealth of insights the author thus provides … this book offers a precise analysis of the implications of competence allocation in an optimal and a real-life setting.' Andrea Keessen, Common Market Law Review

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    Product details

    • Date Published: April 2014
    • format: Hardback
    • isbn: 9781107042261
    • length: 280 pages
    • dimensions: 235 x 155 x 20 mm
    • weight: 0.52kg
    • contains: 11 b/w illus. 4 tables
    • availability: Available
  • Table of Contents

    Introduction: a changing (regulatory) climate
    1. From competing jurisdictions to competing competences: the allocation of regulatory competences
    2. Optimal competence allocation for the European Union Emissions Trading Scheme
    3. Regulatory competence allocation in the EU ETS (2005–12)
    4. Regulatory competence allocation in the EU ETS (2013 onwards)
    5. A political economy explanation for competence allocation in the EU ETS

  • Author

    Josephine van Zeben, University of Oxford
    Josephine van Zeben is a visiting postdoctoral researcher at The Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis, Indiana University, Bloomington. Since 2012, she has been teaching environmental regulation at ETH Zürich as a guest lecturer.

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