Within economic theory, emission trading schemes have long been advocated for their relative simplicity and their allocative and dynamic efficiency. Despite these apparent strengths, regulators have only recently started to meaningfully incorporate emission trading into their toolbox. This chapter focuses on an implementation challenge that does not necessarily present itself as such: litigation. Experiences with the EU ETS have made the potential impact of litigation on ETS development an increasingly salient issue for regulators. Nonetheless, the implications of litigation for the design and functioning of an ETS are less clear than some of the other implementation challenges. This chapter provides an analytical overview of the types of litigation that ETS are exposed to and the ways in which these different categories of litigation can, and have, affect(ed) ETS design and development.
|Title of host publication||Research Handbook on Emissions Trading|
|Publisher||Edward Elgar Publishing Ltd.|
|Number of pages||25|
|Publication status||Published - 30 Dec 2016|
|Name||Research Handbooks in Climate Law|
van Zeben, J. (2016). Implementation challenges for emission trading schemes: The role of litigation. In S. Weishaar (Ed.), Research Handbook on Emissions Trading (pp. 232-256). (Research Handbooks in Climate Law). Edward Elgar Publishing Ltd.. https://doi.org/10.4337/9781784710620.00019