Comprehensive Research on Restraints of Competition on the Markets of CO2 Emissions Trading and on International Emissions Trading

2014 Fiscal Year Final Research Report

• Project/Area Number: 22530055
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Social law
• Research Institution: Niigata University
• Principal Investigator: SAWADA Katsumi 新潟大学, 人文社会・教育科学系, 教授 (40187290)
• Project Period (FY): 2010-04-01 – 2015-03-31
• Keywords: 排出量取引 / 京都議定書 / 地球温暖化 / 二酸化炭素 / 競争制限 / ＷＴＯ / 競争法

Outline of Final Research Achievements

Based on the Kyoto Protocol coming into force on the 16th February 2005, the EU established EU ETS by issuing the Emissions Trading Directive.
The U.K. and Germany as its Member States implemented the Directive. Germany allowed operators of installations to form a pool of installations, which implied a potential conflict with competition laws. Thus, the formation was prohibited after the conclusion of the second phase by the amendment of the Directive of April 2009.
International Emissions Trading, on the other hand, has not taken place, so far. When disputes surrounding International Emissions Trading would be brought to the Dispute Settlement Body of the WTO, General Exceptions of the GATT Article XX or GATS Article XIV would probably be applied to justify illegal restrictions on trades in emission allowances.

Free Research Field

経済法