ABSTRACT

This chapter focused on European Union (EU) climate change law and policy. It presents a number of conclusions arising from the analysis of distributional choices from the perspective of legal principles. The chapter examines whether new legal principles are emerging that might be relevant in this context. It discusses a different policy approach based on the emerging per capita concept. The chapter addresses the most relevant observations before enumerating policy recommendations. It provides several types of distributional choice in the context of climate change policy and presents the legal methodology that has been elaborated to study them. The chapter suggests that the Kyoto target adopted by the EU does not bear any logical relation with the long-term target endorsed by the EU. It discusses a concept that is gaining more and more attention in philosophical and legal literature: per capita allocation of GHG emission rights.