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Climate Law 3 (2012) 93â102 DOI 10.3233/CL-2012-058 IOS Press Distributional Choices in EU Climate Change Law and Policy: Towards a Principled Approach By Javier de Cendra de Larrag´ n a The Hague: Kluwer Law International, 2010, 560 pp. incl. index, £108, ISBN 978-9041133373. Now is indeed an interesting time to consider the treatment of distributional issues (effortsharing) in EU climate change policy. It remains a fraught issue in the current implementation phase of the European Unionâs 2008 Climate and Energy Package, as shown, for example, in Poland v. Commission (T-370/11), an ECJ case on the European Unionâs benchmarking decision on the allocation of free allowances to industry (Decision 2011/278/EU). Distributional issues will also come to the fore in the policy-design phase around longer-term EU climate targets. The Commission is currently preparing an impact assessment, member state by member state, to follow the âroadmapâ for moving to a competitive low-carbon economy by 2050. At the same time, international agreement on the principles of substantive and legal differentiation with regard to national commitments seems a long way off. How the EUâs top-down, principle-based, regime of effort-sharing will continue to develop in this context is an open question. Javier de Cendra
Climate Law – IOS Press
Published: Jan 1, 2012
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