As a contribution to the ongoing discussion on the reform of the international in-vestment regime, members of the Ecologic legal team submitted two briefs to the United Nations Conference on Trade and Development (UNCTAD). UNCTAD is a UN organisation dealing with developing countries and their role in international trade and investment. Both briefs are available for download.
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One facet of the "European Union Action to Fight Environmental Crime" (EFFACE) project, coordinated by Ecologic Institute, is research on the instruments, actors, and institutions involved in the fight against environmental crime. The overall work consists of a main report and a variety of studies, focusing on specific legal provisions, institutions, and actors at the national, EU, and international levels. The reports by Ecologic Institute and other institutions are available for download.Read more
A part of the work for the research project "European Union Action to Fight Environmental Crime" (EFFACE) is the publication of Policy Briefs. These Briefs highlight EFFACE core results and their policy implications and give recommendations for a coordinated EU approach to reduce the broad impacts of crimes against the environment. The Policy Briefs are available for download.
Since 2007, the European Council has played an increasingly active role in shaping the details of future EU climate policies. This involvement raises important questions about potential interference by the European Council regarding the decision-making process for and content of the implementation of the 2030 climate framework. In a broader perspective, concerns have been raised about the establishment of a constitutional practice, which could in fact circumvent the possibility of adopting implementing acts by qualified majority vote. This would alter the balance of power between the EU institutions. Ecologic Institute's Nils Meyer-Ohlendorf discusses the role and mandate of the European Council. The paper is available for download.
Emissions trading systems emerging in the United States offer the opportunity of a future trading link to the European carbon market. While such a link promises more efficient allocation of resources in a larger and more liquid market, differences in the design of trading systems can undermine the effectiveness of the linked trading systems. The study is available for download.Read more
Legal Aspects of a Link between Regional Carbon Markets in Europe and the United States
An earlier article by Michael Mehling in American University’s Sustainable Development Law and Policy journal assessed the prospects and legal implications of a link between regional trading systems in the US and the EU emissions trading system, highlighting the relevance of the respective constitutional and legal frameworks for such a link. Read more
A more traditionally jurisprudential perspective on linking is provided in this book chapter published in an anthology titled "Legal Aspects of Carbon Trading: Kyoto, Copenhagen and Beyond" published by Oxford University Press. In this chapter, Michael Mehling provides a conceptual framework for the distinction of legal and political criteria for the feasibility of carbon market linkages.Read more
On 19 November 2014, Dr. Stephan Sina, Senior Fellow at Ecologic Institute, presented the European research project "European Union Action to Fight Environmental Crime (EFFACE)" at the 4th Annual General Meeting of the European Network for Environmental Crime (EnviCrimeNet) in The Hague (Netherlands). Ecologic Institute is the coordinator of the EFFACE project. The presentation slides are available for download. Read more
Dr. Nils Meyer-Ohlendorf testified in the Bundestag on investment protection under CETA on 15 December 2014 (Committee of Economy and Energy). He argued that investment protection in CETA is superfluous because the EU and Canada already provide high levels of investment protection through their national legal systems. His statement is available for download (in German only) or in Bundestag document 18 (9) 300.Read more
Good or bad; new or old?
Is the Comprehensive Economic and Trade Agreement (CETA) the beginning of a new era of investment protection under free trade agreements, one that addresses long standing concerns surrounding investment protection? The answer to these questions is, by and large, no. CETA's investment chapter is not only superfluous but harmful because, among other reasons, it distorts competition at the expense of domestic competitors. The comments of Dr. Nils Meyer-Ohlendorf, Senior Fellow at Ecologic Institute, are available for download.