Law Commons^™

Linkage And Multilevel Governance, David M. Driesen

College of Law - Faculty Scholarship

Economic models of emissions trading implicitly assume a simple unitary governance structure, where a single regulator designs and enforces an emissions trading program. The Kyoto Protocol, however, employs a multilevel governance structure in which international, regional, national, sub-national, and even private actors have significant roles in designing and enforcing the trading program. Under this structure, international trading of credits requires complex linking of disparate regional, national, and subnational trading program. This paper describes the multilevel governance model employed in the Kyoto Protocol and then analyzes some of the problems this complexity creates for the project of creating an international market …

The Changing Climate For United States Law, David M. Driesen

College of Law - Faculty Scholarship

Just a few years ago, the subject of American climate change law would not merit an article like this one, let alone the book that the American Bar Association has recently published on the subject. But the United States has changed, at least somewhat. At the moment, most important United States climate change law consists of state and local law, but there are signs that the federal government may create significant climate change law as well, at least after President Bush leaves office.

This article has two goals. The obvious one is simply to describe some of the American climate …

Free Lunch Or Cheap Fix?: The Emissions Trading Idea And The Climate Change Convention, David M. Driesen

College of Law - Faculty Scholarship

Emissions trading has become a key component of U.S. environmental legal regimes. The U.S. has successfully lobbied to make international environmental benefit trading, an expanded form of emissions trading, a part of international efforts to address the threat of global climate change through the Framework Convention on Climate Change and the Kyoto Protocol to that Convention. Legal scholars have lauded emissions trading as a "free lunch" that will encourage innovation, enhance democratic accountability, and reduce the cost of environmental cleanup. This article argues that emissions trading functions as a cheap fix, reducing short-term costs while tending to lessen innovation and …