This article analyses the regulation of biofuels’ tax incentives under three European Union (EU) legal frameworks; the 2003 energy taxation directive (ETD), the renewable energy directives (RED), and State aid law. These frameworks lack a common understanding of biofuels’ sustainability and climate performance. The ETD’s minimum tax rates do not differentiate fuels according to their climate performance and has no relevance for greenhouse gas emission reduction in the transport sector. At the same time, the RED instruct EU Member States to promote biofuels that meet its sustainability criteria. As shown by the case studies in this article, this comes with challenges for Member States’ tax incentives to biofuels in relation to State aid law. In principle, governments may freely structure incentives according to national (climate) policy objectives. Yet, that freedom is restricted by State aid law, and national objectives are typically overlooked when incentives are assessed in State aid procedures.
{"title":"Towards Low-Emission Transport: Biofuels’ Tax Incentives and State Aid for Climate Change Mitigation","authors":"Sara Kymenvaara","doi":"10.54648/eelr2020007","DOIUrl":"https://doi.org/10.54648/eelr2020007","url":null,"abstract":"This article analyses the regulation of biofuels’ tax incentives under three European Union (EU) legal frameworks; the 2003 energy taxation directive (ETD), the renewable energy directives (RED), and State aid law. These frameworks lack a common understanding of biofuels’ sustainability and climate performance. The ETD’s minimum tax rates do not differentiate fuels according to their climate performance and has no relevance for greenhouse gas emission reduction in the transport sector. At the same time, the RED instruct EU Member States to promote biofuels that meet its sustainability criteria. As shown by the case studies in this article, this comes with challenges for Member States’ tax incentives to biofuels in relation to State aid law. In principle, governments may freely structure incentives according to national (climate) policy objectives. Yet, that freedom is restricted by State aid law, and national objectives are typically overlooked when incentives are assessed in State aid procedures.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43691164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Climate change is a phenomenon whereby the influences of many actors, both natural and anthropomorphic, are producing damage to our environment. This article explores issues of causation that arise when considering claims against polluters, which may in theory result in the payment of damages that could mitigate environmental degradation. The authors examine the legal frameworks for causation in both German and US law, and identify various difficulties in the application of traditional notions of causation to climate damage scenarios. The authors also explore several alternative theories and the role they might play in determining causation vis-a-vis polluters, before concluding that in fact, the only way forward must lie with international/multilateral efforts towards solutions. Climate change, civil liability, Greenhouse gas, Emissions, Causation, Market share liability, German law, US law
{"title":"Climate Change Litigation: Civil Liability for Greenhouse Gas Emissions","authors":"M. Keller, S. Kapoor","doi":"10.54648/eelr2020006","DOIUrl":"https://doi.org/10.54648/eelr2020006","url":null,"abstract":"Climate change is a phenomenon whereby the influences of many actors, both natural and anthropomorphic, are producing damage to our environment. This article explores issues of causation that arise when considering claims against polluters, which may in theory result in the payment of damages that could mitigate environmental degradation. The authors examine the legal frameworks for causation in both German and US law, and identify various difficulties in the application of traditional notions of causation to climate damage scenarios. The authors also explore several alternative theories and the role they might play in determining causation vis-a-vis polluters, before concluding that in fact, the only way forward must lie with international/multilateral efforts towards solutions.\u0000Climate change, civil liability, Greenhouse gas, Emissions, Causation, Market share liability, German law, US law","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42579504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article describes the results of a study of environmental problems that intensely limit socioeconomic development in Central Asia. The authors analyse the current environmental problems as follows. The loss of biodiversity and the complexity of the network of protected natural areas. Insufficient level of municipal solid waste processing, energy efficiency problems, in particular, the deterioration of the energy system. There are as well the imbalance between hydropower, irrigated agriculture and the environment, problems of the Aral Sea. The article proposes solution methods, including amendments to the legislation, i.e. the adoption of managerial decisions, as well as strengthening judicial control over compliance with the law. Gaps in the legislative regulation of environmental safety are examined. Along with policies at the national, regional and international levels. As well as future trends in the distribution of global resources that will be effective in protecting the environment, including the activities of The Regional Environmental Centre for Central Asia (hereinafter – CAREC). The article analyses the basic environmental rights of citizens as well as cases and consequences of violation of such rights.
{"title":"Improving Environmental Legislation in Central Asia: Current Trends and Features of Cooperation with the European Union","authors":"R. Yerezhepkyzy, V. Pobedinsky","doi":"10.54648/eelr2020005","DOIUrl":"https://doi.org/10.54648/eelr2020005","url":null,"abstract":"The article describes the results of a study of environmental problems that intensely limit socioeconomic development in Central Asia. The authors analyse the current environmental problems as follows. The loss of biodiversity and the complexity of the network of protected natural areas. Insufficient level of municipal solid waste processing, energy efficiency problems, in particular, the deterioration of the energy system. There are as well the imbalance between hydropower, irrigated agriculture and the environment, problems of the Aral Sea. The article proposes solution methods, including amendments to the legislation, i.e. the adoption of managerial decisions, as well as strengthening judicial control over compliance with the law. Gaps in the legislative regulation of environmental safety are examined. Along with policies at the national, regional and international levels. As well as future trends in the distribution of global resources that will be effective in protecting the environment, including the activities of The Regional Environmental Centre for Central Asia (hereinafter – CAREC). The article analyses the basic environmental rights of citizens as well as cases and consequences of violation of such rights.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49031454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article provides a comprehensive examination of the greatest threat humanity faces today: climate change. It does so by looking at the legal, political, institutional, regulatory, and economic angles of climate change from the perspective of major emitters and the most relevant actors in the mitigation of climate change. The article offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. The article offers new ideas on the creation of a climate club linked to the international trade regime as an effective way to mitigate climate change. How should policies, regulations, laws, and agreements change to get us there? What incentives will be necessary to get there effectively? What has failed and why? We conclude that innovation and technology will be among the key elements of this equation, without which we will miss the goal. climate action, renewable energy, sustainability, storage, clean energy, technology, innovation, climate clubs, international trade
{"title":"Climate Clubs and International Trade Across the European and International Landscape","authors":"R. Leal-Arcas","doi":"10.54648/eelr2020031","DOIUrl":"https://doi.org/10.54648/eelr2020031","url":null,"abstract":"This article provides a comprehensive examination of the greatest threat humanity faces today: climate change. It does so by looking at the legal, political, institutional, regulatory, and economic angles of climate change from the perspective of major emitters and the most relevant actors in the mitigation of climate change. The article offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. The article offers new ideas on the creation of a climate club linked to the international trade regime as an effective way to mitigate climate change. How should policies, regulations, laws, and agreements change to get us there? What incentives will be necessary to get there effectively? What has failed and why? We conclude that innovation and technology will be among the key elements of this equation, without which we will miss the goal.\u0000climate action, renewable energy, sustainability, storage, clean energy, technology, innovation, climate clubs, international trade","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48251279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2016, regulations on energy clusters were introduced into Polish law. Since then, the Ministry of Energy has conducted two rounds of calls, in which it has awarded sixty-six certificates for outstanding pilot energy clusters. According to the assumptions of the Polish government, by 2030 about 300 energy clusters and energy cooperatives are to be created in Poland. However, currently energy clusters are developing slowly, and many of those which have been created in recent years are not operating well. Cluster members blame unclear, unstable, and unspecific law for the lack of development. In this context, the aim of this article is to identify the most important legal barriers to the development of energy clusters in Poland. energy clusters, energy communities, energy cooperatives, renewable energy sources, Poland
{"title":"Legal Barriers to the Development of Energy Clusters in Poland","authors":"D. Dragan","doi":"10.54648/eelr2020002","DOIUrl":"https://doi.org/10.54648/eelr2020002","url":null,"abstract":"In 2016, regulations on energy clusters were introduced into Polish law. Since then, the Ministry of Energy has conducted two rounds of calls, in which it has awarded sixty-six certificates for outstanding pilot energy clusters. According to the assumptions of the Polish government, by 2030 about 300 energy clusters and energy cooperatives are to be created in Poland. However, currently energy clusters are developing slowly, and many of those which have been created in recent years are not operating well. Cluster members blame unclear, unstable, and unspecific law for the lack of development. In this context, the aim of this article is to identify the most important legal barriers to the development of energy clusters in Poland.\u0000energy clusters, energy communities, energy cooperatives, renewable energy sources, Poland","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47544631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study examines selected transferability issues arising from A.P. Moller – Maersk A/S’s (APM’s) recent sale of its Sole Concession to explore for and produce hydrocarbons. To do so, the article accounts for the motley history of the Sole Concession focusing on the tendency to resolve disputes through negotiation and agreements. It is the article’s main hypothesis that the Sole Concession and its appurtenant agreements have a hybrid legal nature. Using an integrative private–public law approach, the article analyses some of the issues related to the transferability of negotiated privileges linked to the Sole Concession. It is concluded that to fully comprehend the complexity of the Sole Concession and the transferability issues, it is necessary to draw on both private and public law norms and arguments. The conclusion is put into perspective by reference to the Continental European concept of ‘administrative contracts’. Concessions, Concessionary Privileges, Denmark, Transferability, Negotiated Regulation, Administrative Contracts
{"title":"Selling Hydrocarbon Concessions: A Case Study of the A.P. Moller Sole Concession with Special Regards to the Transferability of Concessionary Privileges","authors":"R. G. Nielsen","doi":"10.54648/eelr2020001","DOIUrl":"https://doi.org/10.54648/eelr2020001","url":null,"abstract":"This study examines selected transferability issues arising from A.P. Moller – Maersk A/S’s (APM’s) recent sale of its Sole Concession to explore for and produce hydrocarbons. To do so, the article accounts for the motley history of the Sole Concession focusing on the tendency to resolve disputes through negotiation and agreements. It is the article’s main hypothesis that the Sole Concession and its appurtenant agreements have a hybrid legal nature. Using an integrative private–public law approach, the article analyses some of the issues related to the transferability of negotiated privileges linked to the Sole Concession. It is concluded that to fully comprehend the complexity of the Sole Concession and the transferability issues, it is necessary to draw on both private and public law norms and arguments. The conclusion is put into perspective by reference to the Continental European concept of ‘administrative contracts’.\u0000Concessions, Concessionary Privileges, Denmark, Transferability, Negotiated Regulation, Administrative Contracts","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46778290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book Review: Commentary on the Energy Charter Treaty, edited by Rafael Leal-Arcas. (Edward Elgar. 2018.)","authors":"O. Svoboda, J. Kunstýř","doi":"10.54648/eelr2020003","DOIUrl":"https://doi.org/10.54648/eelr2020003","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48142591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Books for Review","authors":"... ...","doi":"10.54648/eelr2020025","DOIUrl":"https://doi.org/10.54648/eelr2020025","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46008166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article aspires to delve into the question of whether the EU framework for water services can take sufficiently into account the multiple dimensions of water and regulate the competing interests in a balanced way. At first, the regulation of the three dimensions of water in International Law (environmental, social and economic) is briefly analysed. As regards the EU Legal Order, the regulation of water within the framework of the EU environmental legislation is at fist traced. Then, emphasis is placed on the classification and regulation of water services as Services of General Economic Interest (SGEI), the application of the State Aid and the Internal Market rules and the possible tensions arising with regard to the accessibility and the quality of the water services. Furthermore, the impact of Comprehensive Economic and Trade Agreement (CETA) as an example of the new Trade Agreements on the regulation of the water services is put under the spotlight. A central conclusion is that the various aspects concerning water services are addressed in a rather comprehensive manner in the EU Regulatory Framework, although tensions continue to exist. Moreover, CETA creates a new regulatory ‘landscape’ that may ‘disrupt’ the existing delicate balance concerning the regulation in this field.
{"title":"The Regulation of Water Services in the EU: A Difficult Attempt to Balance Between Environmental, Economic and Social Interests","authors":"Vasiliki Karageorgou, K. Pouikli","doi":"10.54648/eelr2019024","DOIUrl":"https://doi.org/10.54648/eelr2019024","url":null,"abstract":"The article aspires to delve into the question of whether the EU framework for water services can take sufficiently into account the multiple dimensions of water and regulate the competing interests in a balanced way. At first, the regulation of the three dimensions of water in International Law (environmental, social and economic) is briefly analysed. As regards the EU Legal Order, the regulation of water within the framework of the EU environmental legislation is at fist traced. Then, emphasis is placed on the classification and regulation of water services as Services of General Economic Interest (SGEI), the application of the State Aid and the Internal Market rules and the possible tensions arising with regard to the accessibility and the quality of the water services. Furthermore, the impact of Comprehensive Economic and Trade Agreement (CETA) as an example of the new Trade Agreements on the regulation of the water services is put under the spotlight. A central conclusion is that the various aspects concerning water services are addressed in a rather comprehensive manner in the EU Regulatory Framework, although tensions continue to exist. Moreover, CETA creates a new regulatory ‘landscape’ that may ‘disrupt’ the existing delicate balance concerning the regulation in this field.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48307297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Qatar is an independent constitutional monarchy and one of the world’s largest producers of natural gas. Qatar’s National Climate Change Plan commits the country to rapid decarbonisation of the energy system in line with the Paris Agreement. This analysis considers the international legal and regulatory frameworks that could enable the Qatari financial sector to support progress to domestic and global climate targets agreed to in the Paris Agreement. energy transition, Paris Agreement, sustainable finance action plan, Qatar, European Commission
{"title":"A ‘Made in Qatar’ Energy Transition Strategy","authors":"B. O'connell","doi":"10.54648/eelr2019023","DOIUrl":"https://doi.org/10.54648/eelr2019023","url":null,"abstract":"Qatar is an independent constitutional monarchy and one of the world’s largest producers of natural gas. Qatar’s National Climate Change Plan commits the country to rapid decarbonisation of the energy system in line with the Paris Agreement. This analysis considers the international legal and regulatory frameworks that could enable the Qatari financial sector to support progress to domestic and global climate targets agreed to in the Paris Agreement.\u0000energy transition, Paris Agreement, sustainable finance action plan, Qatar, European Commission","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41934754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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