Papers by Michael Mehling
Environmental Law, Feb 28, 2018
The Strathprints institutional repository () is a digital archive of University of Strathclyde re... more The Strathprints institutional repository () is a digital archive of University of Strathclyde research outputs. It has been developed to disseminate open access research outputs, expose data about those outputs, and enable the management and persistent access to Strathclyde's intellectual output.
Social Science Research Network, Nov 1, 2005
International lawyers have in recent years expressed much unease about the perceived fragmentatio... more International lawyers have in recent years expressed much unease about the perceived fragmentation of their legal system. In truth, however, international law has always been fragmented without losing its ability to operate. A threat, rather, arises from the ongoing proliferation of special regimes endowed with strong institutional frameworks and an ability to set new international norms. This expansion begs an uncomfortable question: What if such -seemingly independent -entities were to claim autonomy and challenge the validity of general international law? A salient feature of this debate is the preoccupation with 'selfcontained regimes' and their status under international law. In a recent report to the International Law Commission, for instance, Martti Koskenniemi concluded that no such regime can be created outside the scope of general international law. Drawing on a particularly controversial example, this article therefore reviews the law and practice of the World Trade Organization to determine how that body has positioned itself in the debate. While its judiciary has recognized that the rules on world trade do not exist in isolation of general international law, a closer look at actual case law unveils a far more ambivalent picture. The chimera of self-contained regimes, in other words, is not easily dispelled.
The Strathprints institutional repository () is a digital archive of University of Strathclyde re... more The Strathprints institutional repository () is a digital archive of University of Strathclyde research outputs. It has been developed to disseminate open access research outputs, expose data about those outputs, and enable the management and persistent access to Strathclyde's intellectual output. Metadata, citation and similar papers at core.ac.uk
Social Science Research Network, Oct 11, 2017
'We'll be mourning for America, an America that was lost on Obama's watch.'
Encyclopedia of Global Warming & Climate Change, Oct 11, 2012
Social Science Research Network, Apr 29, 2017
T.M.C. Asser Press eBooks, 2007
Edward Elgar Publishing eBooks, 2017
Science, Mar 2, 2018
The latest round of annual climate negotiations, held last November in Bonn, Germany, under the a... more The latest round of annual climate negotiations, held last November in Bonn, Germany, under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC), 4 validated that the Paris Agreement 5 (2015) has met one of two necessary conditions for ultimate success. By achieving broad participation including 195 countries accounting for 99% of global greenhouse gas (GHG) emissions, 6 the Paris Agreement dramatically improves upon the 14% of global emissions associated with countries acting under the Kyoto Protocol, 7 the international agreement that it will replace in 2020. But the second necessary condition for ultimate success is adequate collective ambition of the Nationally Determined Contributions (NDCs) countries have individually pledged. That condition has not yet been met. As the negotiators in Bonn began the process of elaborating details of the Paris Agreement, a critical question remains how to incentivize countries to increase ambition over time.
Encyclopedia of Global Warming & Climate Change, Oct 11, 2012
Carbon and Climate Law Review, 2009
Carbon and Climate Law Review, 2017
Oxford University Press eBooks, Oct 1, 2009
The integration of carbon markets will require a careful assessment of its political and economic... more The integration of carbon markets will require a careful assessment of its political and economic viability, which, in turn, largely depends on the respective compatibility of the underlying emissions trading schemes. Because design features in each scheme can extend to all other linked schemes, and differences — if too pronounced — can affect the integrity of the overall market as well as the direction of trade flows, a certain degree of harmonization is essential for linking. Legal and normative considerations have featured only marginally in existing research on the conditions and implications of a trading link. This chapter provides a systematic overview of such considerations. It starts by drawing a conceptual background for the subsequent analysis, defining central characteristics and different forms of linking in the second section. It then proceeds to explore the specifically normative and jurisprudential implications of linking in the third section, and distinguishes these from broader questions of political expedience and economic rationality.
Climate Policy, Dec 18, 2020
As part of the European Green Deal, the EU is considering the introduction of a Border Carbon Adj... more As part of the European Green Deal, the EU is considering the introduction of a Border Carbon Adjustment (BCA) on imports as an alternative to free allocation of emission allowances to reduce the risk of carbon leakage under the EU's Emissions Trading System (EU ETS). While a BCA for exports is not categorically excluded, it is less likely to be consistent with World Trade Organisation rules and therefore less likely to be proposed than an import-only BCA. In this paper, we show that replacing free allocation by an import-only BCA would weaken the competitiveness of EU producers in foreign markets. Free allocation also helps support the cost competitiveness of domestic products that are exported to non-EU markets. Therefore, a move to import-only BCAs does not necessarily make redundant the continued use of free allocation to help safeguard overall industrial competitiveness. While combining an import BCA with free allocation for exports can increase the risk of legal challenges, such risks may be reduced with an appropriate design. More broadly, policymakers need to navigate a complex trade-off between competitiveness support, a stronger carbon price signal, and extra fiscal revenue.
Social Science Research Network, 2023
Social Science Research Network, 2023
Ecology Law Quarterly, Apr 3, 2019
Parties to the Paris Agreement can engage in voluntary cooperation and use internationally transf... more Parties to the Paris Agreement can engage in voluntary cooperation and use internationally transferred mitigation outcomes towards their national climate pledges. Doing so promises to lower the cost of achieving agreed climate objectives, which, in turn, allows countries to increase their mitigation efforts with given resources. Lower costs do not automatically translate into greater climate ambition, however: transfers that involve questionable mitigation outcomes can effectively increase overall emissions, affirming the need for a sound regulatory framework. As Parties negotiate guidance on the implementation of cooperative approaches under the Paris Agreement, they are therefore considering governance options to secure environmental integrity and address the question of overall climate ambition. But country views are far apart on central questions: of all the issues under negotiation to operationalize the Paris Agreement, cooperative approaches are the only agenda item that has not yet been agreed upon. Drawing on an analytical framework that incorporates economic theory and deliberative jurisprudence, practical case studies, and treaty interpretation, this article maps central positions of actors in the negotiations and evaluates relevant options included in the latest textual proposal. It concludes with a set of recommendations on how operational guidance can balance necessary safeguards for climate ambition with flexibility to contain transaction costs and allow for greater participation.
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Papers by Michael Mehling