This contribution focuses on how distributional concerns may be understood with respect to an environmental policy instrument. Distribution is identified as a separate analytical category that reveals criteria for policy-making and instrument design. Subsequently, a typology of distributional...

Climate change jurisprudence is susceptible to transnational borrowing - it develops incrementally, and diagonally, and the decisions of lower-courts, and even overturned judgements, influence rulings in other jurisdictions. People v Arctic Oil is a full-bench judgement and decision delivered by...

Emissions trading is becoming increasingly popular in environmental law. Allowances to trade emissions can either be auctioned off or handed out free of charge by means of grandfathering. Although grandfathering is frequently used in emissions trading schemes, it is a popular view in the...