Competition Law Climate Change Environmental Sustainability

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Competition Law, Climate Change & Environmental Sustainability

Simon Holmes,Dirk Middelschulte,Martijn Snoep
Competition Law Climate Change Environmental Sustainability Book PDF

Author : Simon Holmes,Dirk Middelschulte,Martijn Snoep
Publisher : Unknown
Page : 466 pages
File Size : 55,9 Mb
Release : 2021
Category : Antitrust law
ISBN : 1939007720

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Competition Law, Climate Change & Environmental Sustainability by Simon Holmes,Dirk Middelschulte,Martijn Snoep Pdf

The consensus is clear - climate change is the defining challenge of our time. Meeting this challenge requires a collaborative and inclusive response from all segments of society - including private businesses. What role then for competition law and policy? This important and timely book gathers academics, enforcers, economists, lawyers, and industry representatives to explore the applications and limitations of EU competition law in achieving environmental sustainability aims in line with the European Commission's Green Deal as well as the UN's Sustainable Development Goals. They identify the challenges of integrating environmental considerations into competition analysis presented by the existing framework, whether through cooperation by businesses, practices by dominant companies, or consideration of sustainability efficiencies in merger assessments. Practical examples across various sectors are also provided, alongside agency views from different jurisdictions, to illustrate how competition policy can facilitate a sustainable economy.

Competition and Sustainability

Justus Haucap,Anja Rösner,Rupprecht Podszun,Tristan Rohner
Competition and Sustainability Book PDF

Author : Justus Haucap,Anja Rösner,Rupprecht Podszun,Tristan Rohner
Publisher : Edward Elgar Publishing
Page : 253 pages
File Size : 53,5 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781035325399

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Competition and Sustainability by Justus Haucap,Anja Rösner,Rupprecht Podszun,Tristan Rohner Pdf

Competition and Sustainability critically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law.

Sustainability Objectives in Competition and Intellectual Property Law

Pranvera Këllezi,Pierre Kobel,Bruce Kilpatrick
Sustainability Objectives in Competition and Intellectual Property Law Book PDF

Author : Pranvera Këllezi,Pierre Kobel,Bruce Kilpatrick
Publisher : Springer Nature
Page : 425 pages
File Size : 48,7 Mb
Release : 2024-01-13
Category : Law
ISBN : 9783031448690

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Sustainability Objectives in Competition and Intellectual Property Law by Pranvera Këllezi,Pierre Kobel,Bruce Kilpatrick Pdf

This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty. With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.

Climate Clubs for a Sustainable Future

Rafael Leal-Arcas
Climate Clubs for a Sustainable Future Book PDF

Author : Rafael Leal-Arcas
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 41,7 Mb
Release : 2021-08-23
Category : Law
ISBN : 9789403537207

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Climate Clubs for a Sustainable Future by Rafael Leal-Arcas Pdf

Energy and Environmental Law and Policy Series #41 We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climate change mitigation. In this connection, the role of international trade in climate change, although universally acknowledged, is not well understood. This groundbreaking book by one of the world’s foremost authorities on international economic law not only investigates this role in great depth, but also explains how free trade agreements can be used as a powerful tool to help mitigate climate change. Focusing on the idea of climate clubs—namely the coalition of the willing—among governments, companies, and/or international institutions, the book offers insightful analysis on aspects of the trade–climate linkage such as: formation of climate clubs; legitimacy and accountability; technological cooperation; green patents; how competition law hinders effective cooperation between companies seeking to produce sustainable goods; domestic policy preferences; recognizing States that should legitimately be allowed to be free riders; and sanctions for noncompliance. Three detailed case studies are included: a comparison of the U.S. and European Union (EU) Generalized System of Preferences (GSP) programs, energy security in the Arab world, and EU–Russia energy trade relations. With the author’s conviction that global access to energy, mitigating climate change, and benefit from international trade and investment all can be achieved, this book offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. It will be welcomed by all professionals and policymakers concerned with climate change mitigation, and particularly by those active at its nexus with international trade.

Competition Law and Environmental Protection in Europe

Hans Vedder
Competition Law and Environmental Protection in Europe Book PDF

Author : Hans Vedder
Publisher : Europa Law Publishing
Page : 486 pages
File Size : 54,8 Mb
Release : 2003
Category : Antitrust law
ISBN : 9076871949

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Competition Law and Environmental Protection in Europe by Hans Vedder Pdf

Article 6 of the EC Treaty requires an integration of environmental protection requirements into the European Community's policies. As a result environmental concerns must also be integrated into Community competition law and policy. Taking Article 6 EC as a starting point, this book begins with the construction of a model of integration. This model requires that environmental concerns are awarded a role that will ultimately result in the internalisation of environmental concerns and therefore lead to a mutually reinforcing relation between competition and environmental protection. After an examination of Articles 81, 82, 86 and 87 of the EC Treaty, the useful effect doctrine (Article 10 in connection with 81 EC) and the Merger Regulation as well as the application of these competition rules in cases that involve environmental protection concerns, some conclusions are drawn with regard to the integration of environmental protection requirements and EC competition law. These conclusions are followed by a comparative legal research in which their validity is tested. On the basis of these findings it is concluded that the model of integration is being applied in parts of EC competition law. In those areas, competition policy towards environmental restrictions of competition actually increases the chances of a competition for the environment coming about. This, it is submitted, is an important step in the direction of achieving sustainable development. About the author: Hans Vedder (1974) graduated from the University of Groningen in 1997. From 1998 to 2001 he worked as a researcher at the Centre for Environmental Law of the University of Amsterdam. Since 2001 he is lecturer in European law at the University of Groningen. He has published several articles and chapters in books on various aspects of competition and environmental law.

Environmental Integration in Competition and Free-Movement Laws

Julian Nowag
Environmental Integration in Competition and Free Movement Laws Book PDF

Author : Julian Nowag
Publisher : Oxford University Press
Page : 250 pages
File Size : 54,7 Mb
Release : 2016-11-10
Category : Law
ISBN : 9780191068294

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Environmental Integration in Competition and Free-Movement Laws by Julian Nowag Pdf

Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.

Sustainability through Participation?

Birgit Peters,Eva Julia Lohse
Sustainability through Participation Book PDF

Author : Birgit Peters,Eva Julia Lohse
Publisher : BRILL
Page : 534 pages
File Size : 50,7 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004509382

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Sustainability through Participation? by Birgit Peters,Eva Julia Lohse Pdf

Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.

Emerging Issues in Sustainable Development

Mitsuo Matsushita,Thomas J. Schoenbaum
Emerging Issues in Sustainable Development Book PDF

Author : Mitsuo Matsushita,Thomas J. Schoenbaum
Publisher : Springer
Page : 402 pages
File Size : 51,5 Mb
Release : 2016-10-05
Category : Business & Economics
ISBN : 9784431564263

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Emerging Issues in Sustainable Development by Mitsuo Matsushita,Thomas J. Schoenbaum Pdf

This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.

Sustainable Justice

Marie-Claire Cordonier Segger,C.G. Weeramantry
Sustainable Justice Book PDF

Author : Marie-Claire Cordonier Segger,C.G. Weeramantry
Publisher : BRILL
Page : 681 pages
File Size : 49,9 Mb
Release : 2004-11-01
Category : Law
ISBN : 9789047414605

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Sustainable Justice by Marie-Claire Cordonier Segger,C.G. Weeramantry Pdf

This book offers a cutting-edge scholarly discussion of judicial and legal methods to reconcile national and international economic, social and environmental law for sustainable development. A diverse anthology of perspectives from developed and developing countries, the book contains contributions from judges, international lawyers and other experts with a wealth of experience in the emerging field of sustainable development law. It presents negotiators, scholars and jurists with a lively, thought-provoking and highly current discussion of international legal debates related to sustainable development. The final part discusses future developments in sustainable development law, based on the results of three recent international processes. Sustainable Justice weaves a diverse and intriguing collection, reflecting a vigorous yet practical international legal debate of crucial importance to our common future.

Climate Change Liability and Beyond

Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著
Climate Change Liability and Beyond Book PDF

Author : Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著
Publisher : 國立臺灣大學出版中心
Page : 388 pages
File Size : 44,6 Mb
Release : 2017-01-18
Category : Law
ISBN : 9789863502111

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Climate Change Liability and Beyond by Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著 Pdf

Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.

Environmental Technologies, Intellectual Property and Climate Change

Abbe E. L. Brown
Environmental Technologies Intellectual Property and Climate Change Book PDF

Author : Abbe E. L. Brown
Publisher : Edward Elgar Publishing
Page : 313 pages
File Size : 45,6 Mb
Release : 2013-01-01
Category : Technology & Engineering
ISBN : 9780857934185

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Environmental Technologies, Intellectual Property and Climate Change by Abbe E. L. Brown Pdf

Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society. Environmental Technologies, Intellectual Property and Climate Change will appeal strongly to scholars researching IP and climate change, as well as to a range of professionals including venture capitalists, practising lawyers working in IP, environmental and corporate finance law, activists within both climate change and human rights, and policymakers.

Environmental Law and Economics

Klaus Mathis,Bruce R. Huber
Environmental Law and Economics Book PDF

Author : Klaus Mathis,Bruce R. Huber
Publisher : Springer
Page : 534 pages
File Size : 40,8 Mb
Release : 2017-04-07
Category : Law
ISBN : 9783319509327

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Environmental Law and Economics by Klaus Mathis,Bruce R. Huber Pdf

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.

Berkshire Encyclopedia of Sustainability 3/10

Klaus Bosselmann,Daniel S. Fogel,J.B. Ruhl,Patricia Wouters
Berkshire Encyclopedia of Sustainability 3 10 Book PDF

Author : Klaus Bosselmann,Daniel S. Fogel,J.B. Ruhl,Patricia Wouters
Publisher : Berkshire Publishing Group
Page : 568 pages
File Size : 47,6 Mb
Release : 2010-11-30
Category : Political Science
ISBN : 9781933782560

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Berkshire Encyclopedia of Sustainability 3/10 by Klaus Bosselmann,Daniel S. Fogel,J.B. Ruhl,Patricia Wouters Pdf

The Law and Politics of Sustainability explores efforts made to address pressing environmental concerns through legislation, conventions, directives, treaties, and protocols. Articles explain the mechanics of environmental law, the concepts that shape sustainable development, case studies and rulings that have set precedents, approaches to sustainable development taken by legal systems around the world, and more. Experts and scholars in the field raise provocative questions about the effectiveness of international law versus national law in protecting the environment, and about the effect of current laws on future generations. They analyze the successes and shortcomings of present legal instruments, corporate and public policies, social movements, and conceptual strategies, offering readers a preview of the steps necessary to develop laws and policies that will promote genuine sustainability.

The EU, US and China Tackling Climate Change

Sophia Kalantzakos
The EU US and China Tackling Climate Change Book PDF

Author : Sophia Kalantzakos
Publisher : Taylor & Francis
Page : 179 pages
File Size : 44,6 Mb
Release : 2017-07-14
Category : Business & Economics
ISBN : 9781315298863

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The EU, US and China Tackling Climate Change by Sophia Kalantzakos Pdf

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication Page -- Table of Contents -- Acknowledgments -- Introduction: EU and China: An alliance for the Anthropocene -- Notes -- Bibliography -- Chapter 1 The US: Still reluctant and unreliable -- Notes -- Bibliography -- Chapter 2 The European Union: A hopeful paradigm -- Notes -- Bibliography -- Chapter 3 China: Lessons from an unsustainable growth model spur change -- Notes -- Bibliography -- Chapter 4 US-China: Rivalry trumps partnership in the Anthropocene -- Notes -- Bibliography -- Chapter 5 What makes EU-China collaboration a better fit for the Anthropocene -- Notes -- Bibliography -- Chapter 6 Networks of states to spur hope and change -- Notes -- Bibliography -- Index

International Law for Energy and the Environment

Patricia Park
International Law for Energy and the Environment Book PDF

Author : Patricia Park
Publisher : CRC Press
Page : 334 pages
File Size : 40,5 Mb
Release : 2023-07-19
Category : Business & Economics
ISBN : 9781000904062

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International Law for Energy and the Environment by Patricia Park Pdf

This revised edition of Energy Law and the Environment considers how international and national legislation now requires the energy sector to focus more on sustainability and the circular economy in response to new policies at both international and national levels. It explores how environmental law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written for all the players in the energy sector, lawyers and non-lawyers alike, this third edition considers the issues of energy sector regulation related to economics and protection of intellectual property associated with the development of technologies for mitigating environmentally damaging emissions. It has been updated throughout and adds new and fully revised chapters on subjects, including climate change, human rights, renewable energy, and energy law in China. Features: Updated throughout and adds new and fully revised chapters Focuses on the global trends and mandates towards environmental sustainability Examines the latest international legislation involving climate change Includes the coverage of oil and gas industries, as well as nuclear and renewable energy