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Articles 1 - 30 of 50
Full-Text Articles in Law
Caroline E. Foster, Global Regulatory Standards In Environmental And Health Disputes: Regulatory Coherence, Due Regard, And Due Diligence, Henry S. Gao
Research Collection Yong Pung How School Of Law
With ‘The Rise of the Regulatory State’ 1 at the beginning of the twentieth century, regulation replaced litigation as the main method of social control in the United States. Over the past few decades, more and more countries around the world started to follow the example of the United States, which led to the global expansion of the regulatory state. This in turn spurred more international disputes due to divergences in the respective regulatory standards. Theoretically speaking, global regulation might be the best solution. However, so far this not happened, partly due to the paralysis of the law-making functions of …
The Polar Silk Road And The Future Governance Of Northern Sea Route, Nengye Liu, Jan Jakub Solski
The Polar Silk Road And The Future Governance Of Northern Sea Route, Nengye Liu, Jan Jakub Solski
Research Collection Yong Pung How School Of Law
This article examines China’s Polar Silk Road (PSR) and its legal implications for the future governance of the Northern Sea Route (NSR). It first discusses China’s economic and geopolitical interests in the so-called Polar Silk Road. The article then focuses on comparing Russian regulation of the NSR and Chinese regulation of foreign vessels as a coastal state. Both China and Russia are contracting parties to the United Nations Convention on the Law of the Sea (UNCLOS). The comparison of domestic legislations aims to provide a detailed analysis on convergence and divergence of their implementation and enforcement of the UNCLOS on …
Governing For Transformative Change Across The Biodiversity-Climate-Society Nexus, Unai Pascual, Pamela D. Mcelwee, Sarah E. Diamond, Hien T. Ngo, Xuemei Bai, William W. L. Cheung, Michelle Mei Ling Lim, Nadja Steiner, John Agard, Camila I. Donatti, Carlos M. Duarte, Rik Leemans, Shunsuke Managi, Aliny P. F. Pires, Victoria Reyes-Garcia, Christopher Trisos, Robert J. Scholes, Hans-Otto Portner
Governing For Transformative Change Across The Biodiversity-Climate-Society Nexus, Unai Pascual, Pamela D. Mcelwee, Sarah E. Diamond, Hien T. Ngo, Xuemei Bai, William W. L. Cheung, Michelle Mei Ling Lim, Nadja Steiner, John Agard, Camila I. Donatti, Carlos M. Duarte, Rik Leemans, Shunsuke Managi, Aliny P. F. Pires, Victoria Reyes-Garcia, Christopher Trisos, Robert J. Scholes, Hans-Otto Portner
Research Collection Yong Pung How School Of Law
Transformative governance is key to addressing the global environmental crisis. We explore how transformative governance of complex biodiversity–climate–society interactions can be achieved, drawing on the first joint report between the Intergovernmental Panel on Climate Change and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services to reflect on the current opportunities, barriers, and challenges for transformative governance. We identify principles for transformative governance under a biodiversity–climate– society nexus frame using four case studies: forest ecosystems, marine ecosystems, urban environments, and the Arctic. The principles are focused on creating conditions to build multifunctional interventions, integration, and innovation across scales; coalitions of …
A Plea For Survival: Can The Return To Eco-Centrism Strengthen The Legal Protection Of Nature In Sri Lanka?, Asanka Edirisinghe, Michelle Mei Ling Lim
A Plea For Survival: Can The Return To Eco-Centrism Strengthen The Legal Protection Of Nature In Sri Lanka?, Asanka Edirisinghe, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
The right to life of all living beings and the duty of humans to co-exist with nature have been recognized in Sri Lankan tradition and religious practice for centuries. Yet, environmental destruction, degradation and pollution due to human activities have become a common phenomenon in contemporary Sri Lanka. Anthropocentric thinking pervades Sri Lankan jurisprudence. Laws and judicial decisions have largely failed to recognize the rights of nature to be protected for its relational and intrinsic values. There is also limited acknowledgement that the very survival of human beings depends on the continuous existence of Mother Earth. Significant shifts from human-centred …
Transformative Governance Of Biodiversity: Insights For Sustainable Development, J. Visseren-Hamakers Ingrid, Jona Razzaque, Pamela Mcelwee, Esther Turnhout, Eszter Kelemen, Graciela M. Rusch, Álvaro Fernández-Llamazares, Ivis Chan, Michelle Mei Ling Lim, Et Al.
Transformative Governance Of Biodiversity: Insights For Sustainable Development, J. Visseren-Hamakers Ingrid, Jona Razzaque, Pamela Mcelwee, Esther Turnhout, Eszter Kelemen, Graciela M. Rusch, Álvaro Fernández-Llamazares, Ivis Chan, Michelle Mei Ling Lim, Et Al.
Research Collection Yong Pung How School Of Law
While there is much debate on transformative change among academics and policymakers, the discussion on how to govern such change is still in its infancy. This article argues that transformative governance is needed to enable the transformative change necessary for achieving global sustainability goals. Based on a literature review, the article unpacks this concept of transformative governance. It is: integrative, to ensure local solutions also have sustainable impacts elsewhere (across scales, places, issues and sectors); inclusive, to empower those whose interests are currently not being met and represent values embodying transformative change for sustainability; adaptive, enabling learning, experimentation, and reflexivity, …
The Singapore Green Plan 2030: Analysing Its Implications On Law And The Legal Industry In Singapore, Wei Yao, Kenny Chng, Ken Wei Ong
The Singapore Green Plan 2030: Analysing Its Implications On Law And The Legal Industry In Singapore, Wei Yao, Kenny Chng, Ken Wei Ong
Research Collection Yong Pung How School Of Law
While sustainability has always been an important policy imperative in Singapore, the advent of the Singapore Green Plan 2030 marks a significant development in this regard. Announced in February 2021, the Green Plan represents a concerted national-level strategic shift towards advancing the sustainability agenda in Singapore. With sustainable development now being a ‘major policy priority’, it is inevitable that the Green Plan will have important legal implications, each of which will be identified and analysed in this paper. More broadly, however, the paper also suggests that the Green Plan will open up valuable opportunities for environmental law to receive greater …
Conceptualising A Role For The Common Law In Environmental Protection In Singapore, Kenny Chng
Conceptualising A Role For The Common Law In Environmental Protection In Singapore, Kenny Chng
Research Collection Yong Pung How School Of Law
In Singapore, the key institutions driving environmental protection are the legislature and the executive. The judiciary’s role in environmental protection has thus far been relatively minor. By drawing upon environmental law theory and comparative analysis of other common law jurisdictions, this paper aims to explore avenues through which the common law can be engaged more meaningfully to further environmental protection in Singapore. A conceptualisation of environmental law as directed at furthering the rule of law by promoting carefully-considered and participatory environmental governance will be suggested as a fruitful way forward for thinking about the role of the common law in …
An Agenda For Research And Action Toward Diverse And Just Futures For Life On Earth, Carina Wyborn, J. Montana, N. Kalas, S. Clement, F. Davila, N. Knowles, E. Louder, M. Balan, J. Chambers, L. Christel, T. Forsyth, G. Henderson, S. Izquierdo Tort, Michelle Mei Ling Lim, Et Al
An Agenda For Research And Action Toward Diverse And Just Futures For Life On Earth, Carina Wyborn, J. Montana, N. Kalas, S. Clement, F. Davila, N. Knowles, E. Louder, M. Balan, J. Chambers, L. Christel, T. Forsyth, G. Henderson, S. Izquierdo Tort, Michelle Mei Ling Lim, Et Al
Research Collection Yong Pung How School Of Law
Decades of research and policy interventions on biodiversity have insufficiently addressed the dual issues of biodiversity degradation and social justice. New approaches are therefore needed. We devised a research and action agenda that calls for a collective task of revisiting biodiversity toward the goal of sustaining diverse and just futures for life on Earth. Revisiting biodiversity involves critically reflecting on past and present research, policy, and practice concerning biodiversity to inspire creative thinking about the future. The agenda was developed through a 2-year dialogue process that involved close to 300 experts from diverse disciplines and locations. This process was informed …
Environmental Law’S Extinction Problem, Akhtar-Khavari Afshin, Michelle Mei Ling Lim, Katie Woolaston
Environmental Law’S Extinction Problem, Akhtar-Khavari Afshin, Michelle Mei Ling Lim, Katie Woolaston
Research Collection Yong Pung How School Of Law
The extinction of species and ecological systems is occurring more quickly than any other time in human history. Our social and cultural institutions and the concepts and framings that underpin them are key contributors to modern extinctions. In this paper we ask how engaging explicitly with extinction enables a critical and hopeful rethinking of environmental law. We explore the potential of this question by summarising and categorising the literature that discusses how extinction provides a useful frame and moral compass for interrogating environmental law rules, systems and ambitions. Through an evaluation of biodiversityrelated multilateral environmental agreements we illustrate the potential …
Biodiversity 2050: Can The Convention On Biological Diversity Deliver A World Living In Harmony With Nature?, Michelle Mei Ling Lim
Biodiversity 2050: Can The Convention On Biological Diversity Deliver A World Living In Harmony With Nature?, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
The Convention on Biological Diversity’s (CBD) ‘2050 Vision’ aims to achieve, by 2050, a world that is ‘living in harmony with nature.’ Yet biodiversity is threatened globally to an extent never before witnessed in human history. The Global Assessment of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES Global Assessment)—the largest ever assessment of the global state of biodiversity and ecosystems services—found that a sustainable global future for people and nature remains possible. However, this can only be achieved if we fundamentally redesign our economic, social, and governance systems. It is almost three decades since the CBD, the …
Culturally Diverse Expert Teams Have Yet To Bring Comprehensive Linguistic Diversity To Intergovernmental Ecosystem Assessments, Abigail J. Lynch, Fernández-Llamazares Álvaro, Ignacio Palomo, Pedro Jaureguiberry, Amano Tatsuya, Zeenatul Basher, Michelle Lim, Tuyeni Heita Mwampamba, Aibek Samakov, Odirilwe Selomane, Michelle Mei Ling Lim
Culturally Diverse Expert Teams Have Yet To Bring Comprehensive Linguistic Diversity To Intergovernmental Ecosystem Assessments, Abigail J. Lynch, Fernández-Llamazares Álvaro, Ignacio Palomo, Pedro Jaureguiberry, Amano Tatsuya, Zeenatul Basher, Michelle Lim, Tuyeni Heita Mwampamba, Aibek Samakov, Odirilwe Selomane, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
Multicultural representation is a stated goal of many global scientific assessment processes. These processes aim to mobilize a broader, more diverse knowledge base and increase legitimacy and inclusiveness of these assessment processes. Often, enhancing cultural diversity is encouraged through involvement of diverse expert teams and sources of knowledge in different languages. In this article, we examine linguistic diversity, as one representation of cultural diversity, in the eight published assessments of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES). Our results show that the IPBES assessment outputs are disproportionately filtered through English-language literature and authors from Anglophone countries. To …
The Rise Of China And Conservation Of Marine Living Resources In The Polar Regions, Nengye Liu
The Rise Of China And Conservation Of Marine Living Resources In The Polar Regions, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper uses conservation of marine living resources in the Arctic and Antarctica as case-studies to examine the implications of a rising China to the future governance of the polar regions. It first discusses China's positions regarding international fisheries law in the polar waters, more specifically in negotiations of 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAO Agreement), and CCAMLR's process of establishing the Southern Ocean marine protected areas (MPAs). The paper then engages with norm dynamics literature on international relations to analyse what norms China promotes and resists, as well as the motives …
Imagining Transformative Biodiversity Futures, Carina Wyborn, Federico Davila, Laura Pereira, Michelle Mei Ling Lim, Et Al.
Imagining Transformative Biodiversity Futures, Carina Wyborn, Federico Davila, Laura Pereira, Michelle Mei Ling Lim, Et Al.
Research Collection Yong Pung How School Of Law
Biodiversity research is replete with scientific studies depicting future trajectories of decline that have failed to mobilize transformative change. Imagination and creativity can foster new ways to address longstanding problems to create better futures for people and the planet.
Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan
Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate …
Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim
Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
This essay argues that by framing security in the South China Sea through the lens of territorial claims and power relations the bigger picture of a safe, secure and sustainable South China Sea is neglected. The essay reflects on a photograph from my childhood on the shores of the South China Sea. In the photograph, I have a little red bucket in my hands and a wide grin on my face as I prepare to build a sandcastle. In the intervention, I recall how it feels to be truly secure. By returning to the joys of childhood experienced on the …
The 2018 Agreement To Prevent Unregulated High Seas Fisheries In The Central Arctic Ocean: A Critical Analysis, Valentin Schatz, Alexander Proelss, Nengye Liu
The 2018 Agreement To Prevent Unregulated High Seas Fisheries In The Central Arctic Ocean: A Critical Analysis, Valentin Schatz, Alexander Proelss, Nengye Liu
Research Collection Yong Pung How School Of Law
Following almost ten years of negotiations, the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAO F Agreement) was concluded on 3 October 2018 in Ilulissat, Greenland. The CAO F Agreement is the first regional fisheries agreement adopted prior to the initiation of fishing in a specific area, and it has already been lauded as a science-based measure and a manifestation of the precautionary approach by representatives of States and Non- Governmental Organizations. This article provides a critical analysis of the content of the CAO F Agreement. It gives an overview of the negotiations which led …
The Rise Of China And The Antarctic Treaty System?, Nengye Liu
The Rise Of China And The Antarctic Treaty System?, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper examines three dimensions of China’s rise in Antarctica: (1) history (2) activities; and (3) governance. Historically, China was missing in Antarctic affairs for long time. Over the past four decades, as a reflection of China’s rapid economic growth after the adoption of ‘Open Door' policy, Chinese activities in the Antarctic can be seen as rising, especially in science, fisheries and tourism. Nevertheless, this paper argues that rather than having a secret agenda to pursue, China is still shaping up its general Antarctic policy. China’s capacity to advance its interests within the Antarctic Treaty System is not significant either. …
The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu
The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper examines how the EU can best use its powers to establish marine protected areas (MPAs) in Antarctica. It first discusses the EU’s role in Antarctic governance and legal basis for the EU’s actions, with particular focus on the pending Joined Cases C-625/15 and C-659/16 at the Court of Justice of the European Union. Secondly, the paper analyses the negotiation process of the EU’s MPA proposals in the Southern Ocean within the Commission for the Conservation of Antarctic Marine Living Resources. Thirdly, it provides suggestions regarding the EU’s potential actions that might help achieve proposed Antarctic MPAs.
Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn
Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn
Research Collection Yong Pung How School Of Law
Griggs et al. (2013) redefine sustainable development as “development that meets the needs of the present while safeguarding Earth’s life-support system, on which the welfare of current and future generations depend.” We recommend this as the end goal that the United Nations sustainable development goals (SDGs) should strive to achieve. Integration across the SDGs is less than what is required from a science perspective. Effective implementation of the SDGs will require States to attend to trade-offs and overlaps. We argue that continuous failure to address integration within the SDGs will jeopardize realization of this ultimate end goal. Therefore, we adopt …
China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks
China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks
Research Collection Yong Pung How School Of Law
The paper first briefly describes the negotiation process of Marine Protected Areas (MPAs) in the Southern Ocean. Then it examines China's changing position towards the establishment of a Ross Sea MPA, as proposed by the United States and New Zealand in the Commission for Conservation of Antarctic Marine Living Resources. Finally, the paper explores how China's position towards or against Southern Ocean MPAs implies China's future role in Antarctic governance.
How Might The European Union Engage Constructively With China In The South China Sea?, Nengye Liu, Qi Xu
How Might The European Union Engage Constructively With China In The South China Sea?, Nengye Liu, Qi Xu
Research Collection Yong Pung How School Of Law
This article addresses the following questions: How does the South China Sea matter to the European Union? What roles could the EU play in the governance of the South China Sea? In particular, how could the EU effectively engage with China in the South China Sea? The article provides an analysis of the legal basis and policy background for the EU's involvement in the South China Sea governance and explores the EU's interests in the South China Sea.
Will China Build A Green Belt And Road In The Arctic, Nengye Liu
Will China Build A Green Belt And Road In The Arctic, Nengye Liu
Research Collection Yong Pung How School Of Law
This article aims to shed light on two questions: what are the implications of China's Belt and Road Initiative (BRI) for Arctic governance? And what are the environmental implications of the BRI for the Arctic? The article first discusses the interaction between China's BRI and Arctic policy, examining the vision that China would like to use the BRI to shape Arctic governance. The article focuses on the environmental components of the BRI. It explores whether China's current regulatory regimes are sufficient to help ensure a green Belt and Road in the Arctic.
Early Career Experts Essential For Planetary Sustainability, Michelle Mei Ling Lim, Abigail J Lynch, Álvaro Fernandez-Llamazares, Et Al.
Early Career Experts Essential For Planetary Sustainability, Michelle Mei Ling Lim, Abigail J Lynch, Álvaro Fernandez-Llamazares, Et Al.
Research Collection Yong Pung How School Of Law
Early-career experts can play a fundamental role in achieving planetary sustainability by bridging generational divides and developing novel solutions to complex problems. We argue that intergenerational partnerships and interdisciplinary collaboration among early-career experts will enable emerging sustainability leaders to contribute fully to a sustainable future. We review 16 international, interdisciplinary, and sustainability-focused early-career capacity building programs. We conclude that such programs are vital to developing sustainability leaders of the future and that decision-making for sustainability is likely to be best served by strong institutional cultures that promote intergenerational learning and involvement.
China’S Evolving Approach To Environmental And Labour Provisions In Regional Trade Agreements, Henry S. Gao
China’S Evolving Approach To Environmental And Labour Provisions In Regional Trade Agreements, Henry S. Gao
Research Collection Yong Pung How School Of Law
In this article, the author reviews China’s experience with environmental and labour provisions by looking at its regional trade agreements, especially in terms of the evolution of the Chinese position. It concludes with a projection of how China’s approaches to such provisions might further develop in the future.
Condominium Arrangements As A Legal Mechanism For The Conservation Of The South China Sea Large Marine Ecosystem, Michelle Mei Ling Lim, Nengye Liu
Condominium Arrangements As A Legal Mechanism For The Conservation Of The South China Sea Large Marine Ecosystem, Michelle Mei Ling Lim, Nengye Liu
Research Collection Yong Pung How School Of Law
The South China Sea Large Marine Ecosystem is one of the world's richest marine biodiversity areas. The sea area is however the site of increasing tensions between its ten coastal States, six of which have competing claims in the South China Sea. The expanding populations and economies of the coastal States have also resulted in the growing depletion of the Sea's rich marine resources. Coordinated approaches are needed to protect the unique biodiversity and natural resources of the South China Sea at the appropriate ecological scale. The continuation of sovereignty disputes are detrimental to all coastal states as well as …
A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan
A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Toxic ‘haze’ from fires, often burning over dry peatland in Indonesia, has affected millions across Indonesia, Singapore and Malaysia, as well as parts of the Philippines and Thailand. For Singapore in particular, this slash-and-burn method of clearing land in Indonesia to cultivate crops such as oil palm has been an annual problem since 1972. However, 2015 stands out as the year Singapore experienced one of its worst episodes of haze pollution. Air quality based on the Pollutant Standards Index (PSI) plummeted to the ‘very unhealthy’ and ‘hazardous ranges’ for close to 50 days. Singapore suffered an estimated SGD $700 million …
The Use Of Scenarios In Legal Education To Develop Futures Thinking And Sustainability Competencies, Michelle Mei Ling Lim, Andrew Allan
The Use Of Scenarios In Legal Education To Develop Futures Thinking And Sustainability Competencies, Michelle Mei Ling Lim, Andrew Allan
Research Collection Yong Pung How School Of Law
Achieving sustainability requires a populace equipped to deal with complex, interacting and ever-changing realities as well as uncertain futures. There is however a significant lack of focus on developing sustainability competencies within legal and governance education. Legal education plays a key role in shaping sustainable futures. Long-term sustainability relies on lawyers, judges and policy-makers being able to make optimal decisions in the present when faced with significant uncertainty about the future. This paper discusses how the combination of problem-based learning (PBL) and scenario-based pedagogical approaches can provide an authentic contextualised learning environment to empower law students to deal with the …
China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim
China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim
Research Collection Yong Pung How School Of Law
Despite its rich metallic mineral resources on land,1 the People’s Republic of China (China) has been actively exploring for deep seabed minerals in the international seabed area (the Area).2 The legal framework is provided by the United Nations Convention on the Law of the Sea (LOSC).3 China and the Russian Federation are the only States currently sponsoring exploration of all three types of deep seabed mineral deposit in the Area (polymetallic nodules in the Clarion-Clipperton Fracture Zone, seafloor massive sulphides in the South West Indian Ridge, the Central Indian Ridge, and the Mid-Atlantic Ridge, and cobalt-rich ferromanganese crusts in the …
Building Sustainable Futures In The Legal Classroom, Michelle Mei Ling Lim
Building Sustainable Futures In The Legal Classroom, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
The stable functioning of Earth’s life support systems is a prerequisite for a thriving global society.1 There is however growing evidence that human impact is putting such functioning at risk. The likely impacts of global environmental change include diminishing food production, water scarcity, extreme weather, ocean acidification, deteriorating ecosystems and sea-level rise. These impacts will further undermine human well-being and long-term prosperity. 2 Present and future generations are therefore faced with unprecedented challenges and the quest to achieve sustainable futures is fraught with uncertainty
Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin
Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin
Research Collection Yong Pung How School Of Law
While there have been many legal studies of the European Union Emissions Trading Scheme (EU ETS), none seem to have considered the EU ETS from the perspective of private law, particularly the private law issues that stem from the ambiguous legal nature of the 'carbon credit'. Such ambiguity translates into regulatory uncertainty and business risks of the sort that occurred in Armstrong DLW GmbH v Winnington Networks Ltd [2013] Ch 156, an English case involving fraud and 'stolen' European Union Allowances (EUAs). From an environmental law and policy perspective, uncertainty does not bode well for the EU ETS's regulatory effectiveness …