A traditionally jurisprudential perspective on linking emissions trading systems is provided in this book chapter by Michael Mehling. He provides a conceptual framework for the distinction of legal and political criteria for the feasibility of carbon market linkages. Legal considerations, he argues, arise during the process of establishing the link, which necessitates recourse to recognized sources of law and legal procedures; and, second, in the event of a conflict between the link as such with substantive legal norms and principles, whether these originate in international, regional or domestic law.

Beyond providing a taxonomy of different forms of linking and their legal implementation, be it a binding international agreement or a less formal political arrangement accompanied by domestic legislation, the chapter also identifies institutional options and normative criteria for the governance of the link. It concludes with case studies identifying relevant legal provisions in the United States and the European Union.

The book can be purchased from the publisher’s website at a price of 180 US-$.

Keywords: Carbon Trading, Emissions Trading, Emission, Legal Aspects, Copenhagen, Europe

Citation: Mehling, Michael 2009: "Linking Emissions Trading Schemes", in: David Freestone and Charlotte Streck (eds.): Legal Aspects of Carbon Trading - Kyoto, Copenhagen and Beyond. Oxford: Oxford University Press, 108-133.

Authors: Michael Mehling
Year: 2009
Published in: Legal Aspects of Carbon Trading - Kyoto, Copenhagen and Beyond
Editors: David Freestone and Charlotte Streck
Pages: 108-133
Language: English
Publisher: Oxford University Press
Place (of publisher): Oxford, U.K
ISBN13: 9780199565931
ISBN10: 0199565937
Reference type: Book section
Price: US-$ 180.00