International emissions trading: equity issues in the search for market-based solutions to global environmental degradation
Article Abstract:
Neglected equity issues should be addressed in development of an international emissions trading system. Such a system is otherwise desirable and feasible, although a number of conceptual and practical difficulties must be overcome. International emissions trading is being explored in conjunction with the United Nations Conference on Environment and Development Framework Convention on Climate Change. National sovereignty issues have also been raised, but the crucial dilemma concerns creation of a right to pollute and how such rights are to be allocated and administered.
Publication Name: University of Pennsylvania Journal of International Economic Law
Subject: Law
ISSN: 1086-7872
Year: 1997
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Models and metaphors for encouraging responsible private management of transboundary toxic substances risk: toward a theory of international incentive-based environmental experimentation
Article Abstract:
Incentive-based experiments should be devised to promote better private management of risk related to transboundary toxic substances. Some theoretical principles to guide the efforts include market primacy, multiple ownership, corporate sustainability and strategic experimentation. In addition, an approach targeted to specific stages of the toxic substance life cycle should be considered in terms of costs and benefits. Self-enforcing strategies should be preferred to government enforcement. Unintentional second-order policy consequences should be avoided.
Publication Name: University of Pennsylvania Journal of International Economic Law
Subject: Law
ISSN: 1086-7872
Year: 1997
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Decentralization and subsidiarity: toward a theoretical reconciliation
Article Abstract:
The principle of subsidiarity as it exists in Article 3b of the Maastricht Treaty rests on decentralization of power between member states and jurisdictional tiers in their respective systems. The principle fits well with a theoretical position which appreciates the benefits of decentralization by harmonizing its positive aspects with positive aspects of competition. Such a position is preferable to contractual and conventional approaches to decentralization.
Publication Name: University of Pennsylvania Journal of International Economic Law
Subject: Law
ISSN: 1086-7872
Year: 1998
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