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Author: Karl Upston-Hooper

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Emissions Trading in Kazakhstan: Challenges and Issues of Developing an Emissions Trading Scheme journal article

Karl Upston-Hooper, Jeff Swartz

Carbon & Climate Law Review, Volume 7 (2013), Issue 1, Page 71 - 73

The meme for carbon markets in 2013 is the increased utilisation of domestic emissions trading as a primary policy tool across a broad spectrum of UNFCCC Parties. Previous issues of the CCLR have addressed developments in China, South Korea, Japan and other jurisdictions.1 In this issue of “In the Market”, we will briefly review how Kazakhstan is implementing its emissions trading scheme and the implications of this scheme for the wider region. This article is based on a Workshop sponsored by the European Bank of Reconstruction and Development held in Astana on 20 June 2013, at which both the authors were present.

Where Two Worlds Collide journal article

Karl Upston-Hooper

Carbon & Climate Law Review, Volume 7 (2013), Issue 2, Page 136 - 140

Emission Reduction Purchase Agreements, the Evolution of the Dialectic Relationship of Private Contracts and International Environmental Law at the Heart of the Global Climate Regime In May 2013, an instrument near the summit of Mauna Loa in Hawaii recorded a long-feared climate milestone: the amount of carbon dioxide in the atmosphere has now exceeded 400 parts per million for the first time in 55 years of measurement— and probably more than 3 million years of Earth history.

In the Market journal article

Karl Upston-Hooper

Carbon & Climate Law Review, Volume 6 (2012), Issue 1, Page 78 - 81

The Tale of the ANT, the Carbon Lawyer and the Polar Bear: Analysing the Role of Lawyers in Constructing Knowledge and Certainty in Climate Discourse

This article does not follow the traditional path of the “In the Market” section whereby an area of “climate law” is delimited and discussed, in the language of the neo-liberal contract lawyers, in order to suggest uncertainty and/or solutions to uncertainty. Instead, this article seeks to engineer reflection by practitioners (including those without formal legal training) on the formation, revision and materialization of knowledge and (un)certainty in legal discourse relating to climate change. Some will dismiss such reflection as mere navel gazing, but hopefully others will consider that, given carbon lawyers are “an obligatory passage point” in the geography of climate discourse,1 analysis of their role has value. By way of disclaimer, although the analysis borrows the tools and methodology (including first person interviews2) of sociology, the author is not a sociologist and refers the reader to the work of Michel Callon,3 Bruno Latour4 and John Law5 for further background.

Editorial journal article

Amy Merrill, Karl Upston-Hooper

Carbon & Climate Law Review, Volume 4 (2010), Issue 4, Page 319 - 320

Africa is the world’s second largest and second most populous continent. It is amazingly diverse culturally and geographically, rich in natural resources and now predominantly free (although still recovering) from centuries of European colonisation. It is, however, also stricken by poverty and home to those most vulnerable to the impacts of climate change. Four years have now elapsed since the announcement by United Nations (UN) Secretary General Kofi Annan of the Nairobi Framework at the 12th Session of the Conference of the Parties, where numerous UN agencies committed to increasing African participation in the Clean Development Mechanism (CDM). In those four years, the attention of the international climate community has been distracted from its

In the Market Portals of Discovery: How Not to Draft an ERPA or a Letter of Approval journal article

Amy Merrill, Karl Upston-Hooper, Rutger de Witt Wijnen

Carbon & Climate Law Review, Volume 1 (2007), Issue 2, Page 4

overy”, a homily reinforced in the carbon market by the European Commission’s rather more prosaic statement that the European Union emissions trading scheme (EU ETS) is about “learning through doing.” This reflexive approach has been a mainstay in the development of carbon markets, all the way back to Activities Implemented Jointly. This issue of In the Market highlights some of the “bloopers” that have crossed the authors’ desks, and aims to open a few portals. For obvious reasons, the examples have been fictionalised. 1. ERPA Drafting

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