W7 - Climate Change

Question 1

Give an overview (the story of) how EU ETS law has developed over time

Answer 1

• 1st major carbon market made in 2005 to achieve emissions target at lowest cost possible (equi-marginal principle)
• Brought in more industries eg. Aviation and moved to a centralised way to managing the pollution cap
• As scientific understanding of climate change grew, had to make the ETS stricter by lowering the pollution cap
• Addresses challenges like carbon leakage initially via giving more permits then used CBAM.

So law became more comprehensive and ambitious tool to fight climate change

Question 2

Evaluate how good the EU Climate laws have been

Answer 2

Ambition - EU wants to be the climate leader shown by pioneering MRV (Monitoring, Reporting, Verification) and the EU ETS.

Changed approach over time from resistance to ETS to full embrace. Adaptable and flexible approach (learns by doing) but is it effective enough to meet targets. Is the near constant revision indicates instability of policies hence low confidence by firms and countries?

Scope increasing and becoming more technical but has to accommodate diversity among member states

Question 3

Give an overview of the UK Climate Change Act 2008

Answer 3

• One of the 1st, acting as a model for others
• Sets emission reduction targets, net zero by 2050 and SoS sets 5 year carbon budgets that cap emissions on the way to achieve the long term target (NOT on track)
• Establishes the independent committee on climate change - monitors progress and ensures targets are evidence based

Question 4

Give an overview of the UK Friends of the Earth vs SoS 2024 case

Answer 4

The revised Net Zero Strategy which is the Carbon Budget Delivery Plan was once again challenged as they hadn’t gotten the evidence to properly assess the delivery risk of the proposed policies.

2nd time in less than 2 years the UK climate strategy was found unlawful under the CCA 2008. Climate change committee said confidence in the UK’s ability was eroding.

Shows the the CCA is holding government accountable and the courts are actively being used

Question 5

Give the story of international environmental law from Kyoto protocol to Paris agreement

Answer 5

The UNFCCC was the initial framework convention with the aim to stabilise GHG emissions at a stable level with principles of equity, common but differentiated responsibilities (CBDR) and precaution.

The Kyoto Protocol was adopted under this treaty, providing legally binding emissions targets for developed countries. Kyoto failed with its top down approach, Paris agreement as it’s successor with a bottom up approach.

Included major emitters like China and India, much more review of implementation with long term goals keeping well below 2 degrees

Question 6

What are the 5 challenges in regulating climate change?

Answer 6

1) Long time horizon but action needed now
2) Evolving scientific insights
3) Sources of pollution and impacts are spread out across the world - international cooperation needed
4) Conflicting societal views on appropriate policy response - Trump pulling out of Paris Agreement appropriate for 3) as well
5) International dimensions such as carbon leakage - links to 3)

Question 7

Finch as an example

Answer 7

see notes on troman in onenote