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Creating, Regulating and Allocating Rights to Offset and Pollute: Carbon Rights in Practice journal article

Charlotte Streck, Moritz von Unger

Carbon & Climate Law Review, Volume 10 (2016), Issue 3, Page 178 - 189

The adoption and entering into force of the Paris Agreement is a welcome occasion to re-assess the legal foundations of emissions trading and, in particular, the nature of ‘carbon rights’. Cap-and-trade (‘allowances’) and baseline-and-credit (‘credits’) represent the main emission trading approaches, the former imposing compliance obligations, the latter stipulating voluntary action to reduce and monetize emissions. Each approach comes with legal characteristics and raises legal questions concerning property rights and protection, taxation, and financial regulation, on the one hand, and the proper recognition of individual mitigation efforts (in the context of environmental services) and participation rights, on the other hand. This article places the different type of rights in the context of their creation, purpose, and function.



An Appellate Body for the Clean Development Mechanism: A Due Process Requirement journal article

Moritz von Unger, Charlotte Streck

Carbon & Climate Law Review, Volume 3 (2009), Issue 1, Page 14

er and stake, it was with great optimism, open dismay or silent resignation that supporters of the Clean Development Mechanism (CDM) saw climate negotiators convene in Poland in December 2008. They had hoped for representatives of the Kyoto Parties to bring momentum to the discussions of recent years of how to strengthen the CDM, one of the three flexible mechanisms of the Kyoto Protocol (KP). While the continuous growth of the instrument does not exactly point to a mechanism in crisis, the CDM is at a critical stage. The number of cr

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