Legal implementation of Emissions Trading

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Emissions trading systems (ETS) emerge within a legal and regulatory context, with which they need to align in order to ensure legal certainty and avert legal conflicts or challenges. The legal basis of an ETS needs to be compatible with previously existing rules, principles and procedures in other areas of law. Market activities can be subject to financial market regulation, financial accounting and taxation rules. Understanding the legal conditions and implications of emissions trading is critical for the durability and smooth functioning of an ETS. This webinar session will introduce the central legal considerations and describe ways in which jurisdictions have addressed these in existing ETS.

Date and Time:
09 February 2022 - 14:00

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Legal implementation of Emissions Trading
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Emissions trading systems (ETS) emerge within a legal and regulatory context, with which they need to align in order to ensure legal certainty and avert legal conflicts or challenges. An ETS first requires a robust legal basis before an ETS before it can be established and operationalised, and its provisions have to be compatible with previously existing rules, principles and procedures in other areas of law, such as environmental and energy market regulation. Market activities can be subject to financial market regulation, financial accounting and taxation rules. Overall, therefore, understanding the legal conditions and implications of emissions trading is critical for the durability and smooth functioning of an ETS. This webinar session introduced the central legal considerations, and describe ways in which jurisdictions have addressed these in existing ETS.

Lisa DeMarco, Senior Partner and CEO at Resilient LLP presented her insights on these important considerations.
Sanja Bogojević, Professor of Law at the University of Oxford and Victor Escalona, Associate Director at South Pole discussed Lisa DeMarco's input and provided unique perspectives on ETS law around the world.
Michael Mehling, Deputy Director at the Center for Energy and Environmental Policy, Massachusetts Institute of Technology (MIT) chaired the session.

This webinar is part of the ETS for Policy Practitioners webinar series, hosted by the International Carbon Action Partnership (ICAP) with support from the European Commission.

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Lisa DeMarco

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Lisa DeMarco
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Senior Partner and CEO, Resilient LLP
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Sanja Bogojević

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Sanja Bogojević
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Fellow and Professor of Law, University of Oxford
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Victor Escalona

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Victor Escalona
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Associate Director for Climate Policy, Finance and Markets, South Pole