The EU proposal for a carbon border adjustment mechanism (‘CBAM’) has triggered a lively academic and policy debate. In June 2022, the European Parliament put forward amendments regarding the potential introduction of export rebates under the EU Emission Trading System (‘ETS’) and the...

With its narrow focus on price-based policies and ‘explicit’ carbon prices, the EU carbon border adjustment mechanism (CBAM) aims to prevent carbon leakage by ensuring that imported products ‘bear’ the same exact economic costs ‘borne’ by EU products. The proposed US border carbon...

This submission addresses questions (1), (3), (5) and (7) posed in the inquiry’s terms of reference:• How well are the Government’s free trade agenda and its environmental policies aligned? And is the Government ambitious enough in its approach?• What might be the impacts of measures...

This submission addresses questions (14) and (15) posed in the inquiry’s terms of reference:• Is the environment chapter in the signed agreement sufficiently ambitious in its environmental protections and support for trade in environmental goods and services? Are there any other provisions...

This article investigates the excessive restrictions that impede NGOs (Non-Governmental Organisations) and other stakeholders from directly accessing the Court of Justice of the European Union (CJEU) in environmental public interest cases, arguing that reform of the Aarhus Regulation is well...

The precautionary principle lies at the heart of the institutional architecture of EU risk regulation; EU institutions are fully entitled to take the precautionary principle and its overarching tenets into due consideration when enacting risk management measures. This article analyses judicial...

This Article frames the precautionary principle as an inner limit to the EU institutions’ broad discretion in the field of EU risk regulation, contextualizing recourse to the principle against the more encompassing backdrop of socially acceptable risk approaches. On these grounds, it inquires...