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Deketelaere, Kurt; Peeters, Marjan --- "Key Challenges of EU Climate Change Policy: Competences, Measures and Compliance" [2006] ELECD 425; in Peeters, Marjan; Deketelaere, Kurt (eds), "EU Climate Change Policy" (Edward Elgar Publishing, 2006)

Book Title: EU Climate Change Policy

Editor(s): Peeters, Marjan; Deketelaere, Kurt

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845426057

Section: Chapter 1

Section Title: Key Challenges of EU Climate Change Policy: Competences, Measures and Compliance

Author(s): Deketelaere, Kurt; Peeters, Marjan

Number of pages: 19

Extract:

1. Key challenges of EU climate change
policy: Competences, measures and
compliance
Kurt Deketelaere and Marjan Peeters1

1. iNtroDUCtioN
this book explores and comments on, from a legal perspective, the regulatory
framework the European Union (EU) has established to meet the international
greenhouse gas emission reduction obligation it has taken up in Kyoto and to
anticipate further emission reductions after 2012.2
we start from the perspective that legally binding obligations, which can be
imposed through several forms of regulatory instruments, are needed in order
to steer society towards low-carbon behaviour. the market, as such, does not
provide for a reduction of greenhouse gas emissions, and the liability regimes
in place, thus far, do not include important incentives to avoid excessive green-
house gas emissions. Governmental action by meaningful policies is inevitably
needed. specifically for the climate change problem, economic instruments are
expected to be the most suitable ones, although complementary approaches are
also needed.3 moreover, perfect regulatory solutions probably do not exist for
the complex climate change problem, and theory still develops different ideas
for the best design and the best mix of instruments for climate change policies.4
Furthermore, the regulatory approach which is developed in the real world is of
course highly influenced by the political process, which often leads to a flawed
and/or confusing approach.
as a consequence of a number of circumstances, among which is the refusal
of the Usa to ratify the Kyoto Protocol, the EU has become a global green
...