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Journal of Environmental Law Advance Access originally published online on July 15, 2009
Journal of Environmental Law 2009 21(3):443-468; doi:10.1093/jel/eqp018
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Ending the Honeymoon: Deconstructing Emissions Trading Discourses

Sanja Bogojevic*

*DPhil Candidate, Corpus Christi College, Oxford OX1 4JF, UK. (sanja.bogojevic{at}ccc.ox.ac.uk). This article is the introductory part to my doctoral thesis on legal complexities of emissions trading schemes and more precisely the EU Emissions Trading Scheme. I am indebted to Liz Fisher for invaluable comments and encouragement throughout the writing of this article. I am also grateful to Paul Craig, Bettina Lange, Chris Hilson and two anonymous reviewers for remarks on previous drafts of this article. The usual disclaimer applies.


  Abstract

Emissions trading schemes are often portrayed as straightforward regulatory strategies. The aim of this article is to initiate a much-needed environmental law debate on this subject and defy any claims about emissions trading being unproblematic from a legal viewpoint. In doing so, I deconstruct emissions trading discourses, or more precisely, I categorise different viewpoints, as presented in emissions trading literature, in the Economic Efficiency, Private Property Rights, and Command-and-Control models. These reflect ways in which emissions trading schemes are understood in the relevant scholarly discussions. More importantly, the models show that emissions trading can be viewed through different lenses, each lens setting out a different framework through which to construct emissions trading schemes, and in particular with regard to the role of the market, the state, and emissions allowances. Thus, this article draws attention to legal complexities embedded in emissions trading discourses and shows that emissions trading schemes are complex regulatory mechanisms that require further attention from environmental law scholars.

Key Words: emissions trading discourses • environmental law methodology • modelling


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