This paper deconstructs the relationship between harm and pollution, and argues that understanding this relationship creates valuable opportunities for improving environmental policy by minimizing or even eliminating the harm from some pollutants, even when reducing the total amount of pollution...

The tax treatment of transactions under an emissions trading scheme is of critical importance as the taxation system has the potential to either distort or support the scheme. As pointed out in the Australian Government's recent discussion paper, the "Green Paper", the primary tax policy...

This article assesses what contribution supplementary measures might make in the face of a legislated emissions trading scheme. The proposed Australian Carbon Pollution Reduction Scheme is discussed briefly to outline the essential features of this Scheme. Then measures such as renewable energy...

This article assesses the prospects for liable entities under Australia’s proposed Carbon Pollution Reduction Scheme (CPRS) to rely on international and domestic offset credits. This is crucially important for liable entities as, under the CPRS, they must surrender a permit for every tonne of...

This is the first of two Articles that analyze the dynamic and complex relation between international trade law and the Kyoto Protocol. These Articles argue that the Kyoto Protocol undermines efforts to negotiate a meaningful climate change treaty, and alternatively, they propose a new treaty...

As society continues to emit greenhouse gases, the likelihood of dangerous climate change occurring increases. Indeed, most analyses project that we must utilize negative emission technologies (NETs) to avoid dangerous warming. Even the Paris Agreement anticipates the implementation of NETs....

The ease of enforcement is often identified as a benefit of cap and trade regulation. Almost all such assertions are made based on the experience of the Acid Rain Program, a cap and trade program implemented by the US Environmental Protection Agency in 1995 to cap the sulfur dioxide emissions...

Project-based Emissions Trading Schemes, like the Clean Development Mechanism, are particularly prone to problems of asymmetric information between the project parties and the regulator. Given the specificities of these schemes, the regulator’s optimal monitoring strategy significantly differs...

This is the first article on expanding the European Union Emissions Trading Scheme (EU ETS) to households in which law and economics is combined with behavioral science. The article gathers relevant theoretical insights and discusses how established empirical findings can be used to design a...