Essential EU Climate Law aims to provide readers with an understanding of the legislation intended to limit climate change which European Union (EU) member states are required to implement. Working through all the policy areas that have an influence on climate change, the book aims to provide a comprehensive benchmark of the current state of EU legislation in this large, complex area.
The book starts by providing an introduction to EU climate policy, outlining its development from the early 1980s, through to linking it to international treaties and outlining the measures required after the EU target date of 2030. Part 2 then works through the legislation in each of the key policy areas, covering the greenhouse gas emissions trading scheme, fluorinated gases, emissions from sectors not covered in the emissions trading scheme (such as transport and agriculture), renewable energy, energy efficiency and carbon capture and storage. The third part of the book reviews the impact of these areas on market competitiveness, energy network management and governance. Finally, the book discusses the potential future direction of EU climate law in Part 4.
The main focus of the book is centred around the discussion of the various aspects of legislation and the key policy areas (as detailed in Part 2). Each policy is given a basic introduction and the associated Directive (measures that member states must implement into their own state legislature) is reviewed. Directive Articles which are of particular significance are discussed and information regarding the targets is provided. Any mechanisms that have been developed to implement the targets are briefly described, such as the Clean Development Mechanism and Cap and Trade. Where necessary, key legal cases are referred to, to explain why a particular course of direction was taken. The explanations and descriptions given are clear, but brief. There is no reference to climate change science and only the main principles of the Kyoto Protocol (for example) are given. However, a clear step-by-step description of the emissions trading scheme with a simple example provides a useful summary of a complex area.
Part 3 of the book discusses overarching considerations in the implementation of these measures. Markets and competitiveness are discussed in depth in relation to the EU emissions trading scheme. The concern here is to ensure that climate policies do not negatively impact EU companies, resulting in production moving outside of the EU (thereby avoiding the need to manage and trade emissions). The chapter on energy network management considers the need to move the energy infrastructure away from fossil fuels and to accommodate the energy supply coming from renewable sources. This section compares the infrastructure of four EU countries (The Netherlands, Denmark, Germany and the UK). The final chapter in this part of the book looks at how governance of climate legislation occurs now and possible future governance frameworks.
The EU legislative landscape is full of acronyms and abbreviations. The editors have sought to identify all of the abbreviations used within the text and provided a glossary. In addition, the editors have not only listed out the cases held in the European Court of Justice that have provided legal precedent but also included all of the legal instruments, and where they are referenced in the text. These lists are a very useful guide. At the end of each chapter, the editors have provided a short list of sources for further reading, as well as providing the URL to the policy documents discussed in that chapter. Additional references are included as footnotes on the relevant pages. The index is clear and comprehensive.
The contributors are academics based in The Netherlands. The editors took the unusual step of asking their students to review the text and to pass comment before the book was published. This possibly explains why the book does not explain how some of the nuances in policy have occurred, which may have been picked up by more experienced climate policymakers. For example, the text states that shipping is not included in the EU emissions trading scheme without explaining why; likewise it does not go into detail as to why aviation has its own specific rules within the scheme.
The overall aim of the book is to describe the legislative measure and to provide some analysis on how it is implemented. The book does not seek to criticize or establish whether the measure is successful, although it does highlight areas of concern. The editors’ intention is to establish the facts around each area: this is the legislation, these are the targets and these are the constraints. There are other publications that provide a critique of the success of the various measures and readers should be aware that this is not the purpose of this book.
The book is targeted towards policymakers, students of environmental and/or energy policy and junior consultants. It establishes the foundation for an understanding of climate change law within the EU and would be of use to those who need to follow, understand and implement the measures described. At a price of £35 for the paperback version, this is an extremely useful resource, demonstrating good value for money.
