At first sight the potential discrepancy between competitive behavior of market participants, trade rules and the basic notion of sustainable development may seem to be of a negligible importance. However, during the interactions of market processes with sustainability goals through various...

The working paper concerns the EU-China Comprehensive Agreement on Investment (CAI) and its climate provision. It addresses the “When”, “Where”, and “How”. The “When” concerns when the CAI may enter into force. The paper provides an overview of some of the current issues that may...

This paper asks whether the European Union's (EU) Emissions Trading Scheme has encouraged investment in renewable energy and energy efficiency projects in developing countries. So far, it has produced very little investment in either in spite of the EU's decision to allow credits for projects...

The United States is commonly characterized as a nation with a deep distrust of big government and a strong commitment to markets and competition. In contrast, the prevailing image of the European Union is that of a highly bureaucratized polity favoring interventionist economic governance over...

Western experts have extensively counseled East European constitution drafters regarding the dangers of including various social and economic rights within their constitutions. These advisors often criticize provisions that guarantee a right to a clean environment or make the protection of the...

The climate change problem forces the government to implement a policy protecting its society and economy against the possible damage that might be caused by changing weather conditions. At the same time, it can be questioned to what extent citizens are able to (and should) take responsibility...

The European Union has been prizing itself for being the global leader in terms of climate change; its triptych approach and the 20-20-20 targets were certainly an enviable effort prior to the United Nations Convention. However, with the economic crisis having left its mark, there has been a...

Article 11 of the Treaty on the Functioning of the European Union (TFEU) currently provides that "environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development"....

This article addresses the problem of how to set caps for a cap-and-trade program, a key problem in pending legislation addressing global climate disruption. Previous scholarship on emissions trading programs focuses overwhelmingly on trading’s advantages and sometimes wrongly portrays...

The Yearbook of European Environmental Law brings together topical analyses of contemporary EU environmental law, and of its role in the international governance of the environment. Leading European and international academics, practitioners, and policy-makers provide in-depth scholarly articles...