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Peeters, Marjan; Stallworthy, Mark --- "Legal consequences of the Effort Sharing Decision for member state action" [2012] ELECD 1205; in Peeters, Marjan; Stallworthy, Mark; de Cendra de Larragán, Javier (eds), "Climate Law in EU Member States" (Edward Elgar Publishing, 2012) 15

Book Title: Climate Law in EU Member States

Editor(s): Peeters, Marjan; Stallworthy, Mark; de Cendra de Larragán, Javier

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781002773

Section: Chapter 2

Section Title: Legal consequences of the Effort Sharing Decision for member state action

Author(s): Peeters, Marjan; Stallworthy, Mark

Number of pages: 24

Abstract/Description:

This chapter addresses a key aspect of what has now become a major political shift within the EU, as climate change emerges as a pivotal element of policy integration. This has taken place in the face of continuing existential angst over issues of governance and legitimacy, even as the EU has continued to see growth in both range of policies and legal competences. The EU Emissions Trading Scheme (EU ETS) came about partly as an incident of wider geopolitical forces that drove EU and member state negotiators to seek to maximize the international acceptability of the Kyoto Protocol, being arguably ‘the main instrument for implementing and increasingly for saving’ that process. Indeed it has also been a trend-setter for EU-level intervention in climate law and policy. Further progression, under the Effort Sharing Decision (ESD), beyond a focus on the emissions trading instrument and the sources covered under the EU ETS and towards the other greenhouse gas emitting sectors, now offers a significant, broader-based ‘next step’ in the development of EU climate law and policy.