Legal note accompanying carbon leakage

consultation response
As we know recently, the carbon price has been revised. In the most
recent State of the Carbon Market Report1, anticipated carbon price is
deviate from the actual carbon price. Latter price has been kept far lower
than the former one. This fact undermines the efficiency of European
Emissions Trading Scheme. This fact is also making profit for areas which
formerly deemed as exposed to carbon leakage. This made them qualified
for free allowances.
The question which has been around the street is that whether the
commission is doing things within its scope by deviating from the
projected carbon price, which had been kept 30 euros a tonne), that
carved out the initial list in reality. Commission could have used alternate
average carbon price for carbon leakage support sector. Going by this way
does not include going out of the scope. This would not be an act of ultra
vires. The price chosen for the new supporting sectors should be
consistent with the alternative scenario or comes under the price range in
2020 package.
So change in law in this raised some questions about the powers of
commission and going out of the purview. Commissions deviation would
not have caused the case of ultra vires if it has been some specific legal
reasoning.

Kyoto Protocol
Kyoto Protocol is the United Nations Framework Convention on Climate
Change, which puts a cap on emission of Green House Gases by agreed
parties. It has been observed that developed countries are majorly
responsible for the high levels of GHG type emissions. This emission is an
outcome for the industrial activity of 150 years. This protocol puts a heavy
burden on these countries by going by the common but differentiated
responsibilities principle.

During the first stage of the protocol 37 countries and European

community came under this commitment to reduce GHG emissions to 5%
of 1990 levels. But during second commitment parties committed to
reduce Green House Gas emission by at least below 18% of 1990 level in
a period starting from 2013 to 2020. But the remarkable fact is that
parties in second round is different from then parties in first round.
This also allows developed countries to trade their committed part under
Kyoto Protocol. These countries can have a trade of emission. This trading
facility came in picture mainly for developed countries to help them
meeting their first round commitments. This trading of emission allowed
only till late 2014 or early 2015.
Developing countries do not have any legal restriction on them under
Kyoto protocol but they are showing a good level of commitment.
The adaptation fund was put in place for endorsing Kyoto protocol and
was officially launched in 2007. This was a practice which supported
adaptation projects in developing countries which came in agreement
under Kyoto Protocol. The fund majorly came from the sale of CERs to
developed countries. Donations from other developed countries is the
other major source from which funding could be elicited for the projects in
developing countries.
Role of legal education/awareness and business/industry associations in
climate change law
Legal education is playing an important role in making people aware of
newly introduced climate change laws. Several sessions have been
organized by United Nations and other agencies on the topic of climate
change laws. One such session was organized by UNESCO on the topic of
Changing Winds: Climate Change and the Law. The session was free,
specialized and interactive in nature. The audience for which this session
conducted primarily was lawyers, students, legal researchers, government
officers. The main intention of this session was to give lawyers and other
assembled people an understanding of climate change law, mainly the law
which is associated with the climate change adaptation. The long term

objective of this session was to make participants a leader who can

develop effective legal solutions to problems of communities, government
etc. related to climate change law.
After the success of this workshop it has been anticipated that similar kind
of workshops would be organized in other parts of globe to accustom
people with climate change and make them able to play a leading role in
delivering solutions to problem.
Initially when these climate change were introduced into the system,
these were protested by many of the leading businesses. But eventually
when their researchers were becoming sceptical about the fight they were
fighting, companies started coming out of these type of associations
which worked to fight against climate change laws. Industry acceptance of
these climate change laws catapulted them in acceptance mode.
References:
1. Status of Ratification of the Kyoto
Protocol/http://unfccc.int/kyoto_protocol/status_of_ratification/items/2613.
php
2. Kyoto Protocol/http://unfccc.int/kyoto_protocol/items/2830.php
3. Climate Change and the Law/ http://www.unesco.org/new/index.php?
id=118132