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Full-Text Articles in Law
Climate Change Law And Policy In The European Union, Sanja Bogojevic
Climate Change Law And Policy In The European Union, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Eu Climate Change Litigation: All Quiet On The Luxembourgian Front?, Sanja Bogojevic
Eu Climate Change Litigation: All Quiet On The Luxembourgian Front?, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Eu:S Handel Med Utsläppsrättigheter Och De Globala Obalanserna I Klimatskyddet, Sanja Bogojevic
Eu:S Handel Med Utsläppsrättigheter Och De Globala Obalanserna I Klimatskyddet, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Cjeu, Can You Hear Me? Access To Justice In Environmental Matters, Sanja Bogojevic
Cjeu, Can You Hear Me? Access To Justice In Environmental Matters, Sanja Bogojevic
Sanja Bogojević
Over the years, much ink has been spilled in the debate on standing of NGOs before the EU courts. This issue has been the object of particular consideration following the ruling in the Greenpeace case where the General Court denied the NGO in question standing on the basis that it did not ‘adduce any special circumstances to demonstrate the individual interest of their members’. Considering that environmental NGOs tend to represent the interests of society as a whole, or that of the environment in particular, imposing this kind of conditioning seems unreasonable. Indeed, this judgment, coupled with the more general …
Eu Climate Change Litigation, The Role Of The European Courts, And The Importance Of Legal Culture, Sanja Bogojevic
Eu Climate Change Litigation, The Role Of The European Courts, And The Importance Of Legal Culture, Sanja Bogojevic
Sanja Bogojević
The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the EU can be explained. Examining the case law concerning the EU Emissions Trading Scheme, this article demonstrates that climate change proceedings in the EU raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU’s regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, …
Legalising Environmental Leadership: A Comment On The Cjeu's Ruling In C-366/10 On The Inclusion Of Aviation In The Eu Emissions Trading Scheme, Sanja Bogojevic
Legalising Environmental Leadership: A Comment On The Cjeu's Ruling In C-366/10 On The Inclusion Of Aviation In The Eu Emissions Trading Scheme, Sanja Bogojevic
Sanja Bogojević
This article examines the recent judgment in case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the court does is to legitimise EU’s leading role in …
Ending The Honeymoon: Deconstructing Emissions Trading Discourses, Sanja Bogojević
Ending The Honeymoon: Deconstructing Emissions Trading Discourses, Sanja Bogojević
Sanja Bogojević
Emissions trading schemes are often portrayed as straightforward regulatory strategies. The aim of this article is to initiate a much needed environmental law debate on this subject and defy any claims about emissions trading being unproblematic from a legal viewpoint. In doing so, I deconstruct emissions trading discourses, or more precisely, I categorise different viewpoints, as presented in emissions trading literature, in the Economic Efficiency, Private Property Rights, and Command-and-Control models. These reflect ways in which emissions trading schemes are understood in the relevant scholarly discussions. More importantly, the models show that emissions trading can be viewed through different lenses, …